[Breaking] Karnataka High Court refuses to entertain pleas seeking postponement of local body elections amid COVID-19

The Karnataka High Court on Friday refused to entertain two intervention applications (IAs) seeking the postponement of local body elections scheduled to take place in Karnataka on April 27, amid the COVID-19 pandemic..The order was passed by a Bench of Chief Justice Abhay S Oka and Justice Suraj Govindaraj in a suo motu case that was registered after it was noted that municipal corporation elections were not being held as per the constitutional mandate in the State.."We must note here that intervenor wants drastic relief of postponing elections for 10 local authorities. We fail to understand under which provision of law, intervenor can seek relief of stay," the order passed by the Court said. .The Court further noted that since March 2020, various Legislative Assembly elections were held in many States. Election Commission (EC) further informed the Bench that only polling as regards the election of local bodies is pending. .The Bench further held that it is for the Election Commission of India to take a call on whether an extraordinary situation exists for the postponement of elections. ."Elections of Vidhan Sabha were held in the first wave of COVID-19, then why not now?" the Court observed. .Further, the Bench also questioned the provision of law under which an applicant could seek for interim relief. ."An intervenor seeking interim relief? Show us the provision of law. It is unheard of.".The Court also raised eyebrows over the bonafides of the applicant when it was told that he is a member of the a political party. ."This is a frivolous attempt to ensure that constitutional mandate is not complied with......Applicant belongs to Aam Aadmi Party seeking stay of elections. Such a person cannot be pro bono litigant"."Where were you when elections to local bodies were not conducted before COVID-19? Karnataka is the only State where elections to local bodies are set at naught......you didn't come before High Court. You claim to be a public spirited citizen," the Court further asked the applicant. .To this, the counsel for the applicant replied that the reason for approaching the Court to stay the local bodies elections' was keeping in mind the health of the public. .Unimpressed by the submissions, the Court proceeded to dismiss the IAs.