Karnataka High Court Takes Up PIL on Delayed Shivamogga Municipal Elections
The Karnataka High Court has taken significant action regarding the long-pending civic elections in Shivamogga. On Thursday, a division bench led by Chief Justice Vibhu Bakhru and Justice CM Poonacha issued formal notices to the state government and the State Election Commission (SEC). This legal step came in response to a public interest litigation (PIL) filed by KE Kanthesh, the son of former BJP leader KS Eshwarappa, who is demanding immediate elections for the Shivamogga Municipal Corporation.
Legal Proceedings and Constitutional Concerns
The court has also directed notices to be served to the Shivamogga Municipal Corporation itself, broadening the scope of the judicial inquiry. Kanthesh, who previously served as a zilla panchayat member from Holalkere, presented a compelling argument in his petition. He highlighted that the last election for the Shivamogga Municipal Corporation was conducted on August 31, 2018. According to constitutional provisions, it is the mandatory duty of the State Election Commission to organize fresh elections within six months following the expiration of the corporation's term.
The petitioner pointed out that the term officially ended on August 30, 2023, making the deadline for new elections February 2024. However, Kanthesh emphasized that despite more than two and a half years having passed since the term's conclusion, the State Election Commission has failed to conduct the required polls. This inaction, he argued, constitutes a clear violation of the constitutional mandates outlined in Article 243E and Article 243U, which govern the timely conduct of municipal elections.
Broader Implications and Judicial Intervention
In his plea, Kanthesh specifically requested the high court's intervention to ensure that the electoral process is initiated without further delay. The court's decision to issue notices indicates a serious consideration of the constitutional and democratic principles at stake. This case underscores the critical importance of adhering to electoral timelines to maintain the integrity of local governance and uphold democratic norms.
The development has sparked discussions about accountability and the enforcement of constitutional duties by electoral bodies. As the legal proceedings advance, all eyes will be on the responses from the state government and the State Election Commission, which are now required to address the court's concerns and justify the prolonged delay in holding these essential civic elections.
