The High Court of Karnataka on Monday lifted the restrictions imposed on the Election Commission of India (EC) on declaring the result of the elections held to the Legislative Council from Bangalore Urban Local Authorities (BULA) constituency.
A Division Bench comprising Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum passed the order while disposing of an appeal filed by EC against a single judge order of December 9.
The single judge had directed the EC to keep a separate ballot box for the 15 nominated members of the three town municipal councils of Bommasandra, Attibele, and Anekal coming under BULA constituency to caste their votes.
Besides, the single judge had also directed EC not to announce the results of the poll without prior approval of the court pending consideration of the issue on whether 15 nominated members of the local authorities have the right to vote in the election to the Legislative Council when the Article 243R of the Constitution prohibits nominated members from voting in the council meetings of the respective municipal bodies.
The interim order of December 9 was passed on a petition filed by Yousuf Sharif, who is contesting from BULA constituency as a Congress candidate. Though the division bench said that EC can announce the result of the election, it has clarified that the result from BULA constituency would be subject to the final outcome of the petition, filed by the Mr. Sharief pending before the single judge.
The ECI, in its appeal had contended that the interim order amounts to interference with the election process contrary to the law laid down by the apex court that no court can interfere after commencement of the election process.
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