[Postponement of Local Body Elections] We will not pass a single order against the Constitutional mandate: Karnataka High Court

The Karnataka High Court on Friday clarified that it will not pass a single order grating postponement of local body elections as it is against the constitutional mandate..While hearing an impleading application moved by citizens in rural areas seeking postponement of local body elections, the Bench of Chief Justice Abhay Shreeniwas Oka and Justice NS Sanjay Gowda said,“We will not pass a single order against the Constitutional mandate. If elections of Vidhan Soudha can be held, municipal bodies elections cannot be conducted?”Further, the Court asked,“Show us a single law where elections can be postponed.”However, the impleading applicants did not press the application..During the hearing, Senior Advocate KN Phanindra, appearing for the State Election Commissioner (SEC), said that the schedule of elections has been announced..Advocate General Prabhuling Navadgi informed the Court that the the decision of the Cabinet on May 17 seeking postponement of municipal body elections was taken considering the large number of COVID-19 cases being reported from all districts of Karnataka at the time.As on that date, there were about 38,000 new positive cases of COVID-19 cases, he said.Further, he said that the State has always taken a stand that where the SEC has a duty to conduct elections, the State can only make recommendations. Ultimately, SEC has to use machinery of the State government for actual conduct of elections, he further submitted..The matter will next heard on August 16. to consider the status report as regards the local bodies..On May 17, a decision was taken by the State government to postpone elections to zilas, taluks, panchayats and other municipal bodies beyond December 31, 2021 owing to the COVID-19 pandemic..During the previous hearing, the Court had directed the State government to give reasons justifying its stand to postpone the local body elections..The Court had, in 2020, registered a case suo motu after noticing that local body elections were not being held as per the mandate of Clause (3) of Article 243 (U) of the Constitution..[Breaking] Karnataka High Court refuses to entertain pleas seeking postponement of local body elections amid COVID-19