Yeddy's govt may invite contempt of court for poll delay, but ministers don't want to lose hold over city
Yeddy's govt may invite contempt of court for poll delay, but ministers don't want to lose hold over city
Chief minister B S Yeddyurappa is in a fix with his government is facing a contempt suit for delaying in conducting polls to city municipality, while his cabinet colleagues in charge of the city are opposing elections.
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Three years after elected council expired, the government received a contempt notice, on while election commission putting blame on the state administration for the delay.
23 Nov 2006 was the last day the council met and the administrator was appointed following the expiry. Since then, the government is procrastinating on conducting polls despite persistent reminders from the court.
P R Ramesh, former mayor, sent a contempt notice, on Wednesday, to the government and election commission, as they have failed to meet several deadlines fixed by the high court.
'It is constitutional binding on the government to conduct polls, but the authorities putting it off, defying court direction which is unpardonable,' said Ramesh. 'Development of Bangalore has taken hit in the absence of an elected body, when it is the critical need for the city with global identity.'
Getting wind of the seriousness, the state election commission sprang into action and submitted an interlocutory application (IA) to the high court saying it was ready to conduct polls provided the government decides on the ward reservation at the earliest.
The election commission, in the IA, has asked the court to give directions to the government to notify the reservation and requested to fix the deadline. And the court will take up the case on Monday.
'It is like putting blame squarely on the government for the delay,' said a highly placed source in the election commission. 'In any case we are prepared to conduct the polls.'
While declined to divulge the details of the IA, G R Chukmat, chief election commissioner, said, 'I don't know about the contempt notice.'
After the recent political turmoil BJP is jittery and looking for ways and means to postpone the polls, as Congress and JD (S) are seems to have firming up their grip over the city electorate.
Even before that, chief minister B S Yeddyurappa had come under pressure to putting off the polls, as the city in charge ministers R Ashok and Katta Subramanya Naidu are against the idea of conducting elections.
'Thousands of crores of rupees has been released as JNNURM fund and in the absence of the council these ministers are authorized to spend it,' said a senior BJP leader. 'That is why they don't want an elected council to be in place.'
Reacting to the developments, R Ashok, transport minister said, 'We are committed to conduct the polls. I assure you within ten days the government will send the final notification of the ward-wise reservations and within a month we will conduct the elections.'
But, the BJP insiders said Ashok's statement was just hogwash and the minister was doing everything possible to stop the polls. And the chief minister was not in a position to prevail upon the likes of Ashok in the
party because of the political turmoil.
'Nobody will believe him because the government is yet prepare a draft
notification. After publishing the draft notification objections have to be
called and that it self needs ten days. And then procedure will follow for
the final notification. I think he is just bluffing.'
He said he would file a contempt suit on coming Tuesday when the deadline he gave in the contempt notice ends.
In effect, the government is in a tight spot with many deadlines behind it while a contempt suit is starring at it.
'We are following the court directions and preparing for notifying the ward reservations and shortly we issue it,' said D Thangaraj, principal secretary, urban development.
Chronology of procrastination
23 Nov 2006 term of the BMP (Bangalore Mahanagara Palike) ended
25 Oct 2006 (before the expiry)- P R Ramesh issued notice to government and election commission to take steps to conduct elections
3 Nov 2006 He filed a writ seeking high courtu00e2u0080u0099s directions for government and election commission to conduct polls
16 July 2007- BMP became BBMP ( Bruhat Bangalore Mahanagara Palike) with inclusion of seven CMCs ( city municipal councils), one TMC (town municipal council), and 111 villages and the government took this as an excuse to put off the polls, saying it needs more time for delimitation of wards
2 Feb 2007- the court disposed the case reserving judgment
2 July 2008- Judgment pronounced and the court issued directions to conduct polls within three months, after passing strichers passed for the delay
18 Aug 2008- government issued notification of delimitation of wards fixing number of wards at 147 and called for objections giving a month's time
5 Sep 2008- government filed an application seeking extension of time
23 Sep 2008- Ramesh filed a contempt suit
10 Nov 2008- court extended the time by four months
6 March 2009- government sought further extension of time citing
parliamentary polls were round the corner
31 March 2009- court extends deadline by two months saying polls
must be conducted within two months of parliamentary polls
17 June 2009- government issued a fresh notification on
delimitation, increasing number of wards to 198
15 July 2009- PILs were filed questioning the delimitation
12 July 2009- Ramesh filed a writ saying delimitation would delay
poll process and sought directions for immediate polls
21 July 2009- government issued notification on SC- ST reservations
22 July 2009- government filed an affidavit on steps taken forconducting polls
23 July 2009- court disposed the writ on delimitation and directedthe government to conduct polls immediately
17 Sept 2009- government filed an affidavit and the court fixed theannouncement of polls on 23 Oct 2009
24 Sept 2009- B R Pai filed a writ questioning SC-ST reservationand got stay that delayed the polls
5 Oct 2009- Ramesh filed writ questioning the stay
29 Oct 2009- Court ordered for the immediate polls
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