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The Special leave Petition filed by the petitioner Abraham T.J the Anti-Corruption Activist from Bangalore came up before a bench of Justice Kurian Joseph and Justice Rohinton Nariman, of the Supreme Court.
The controversy surrounding the participation of MP’s, MLA’s & MLC’s in the process of the process of the election of the Mayor of the Bruhuth Bangalore Mahanagara Palike came up before the Hon’ble Supreme Court of India today.
The moot question was whether Members of the parliament, members of the legislative assembly and members of the legislative council can participate in the election to the posts of Mayor, Deputy Mayor etc. The will of the people which is supreme in a democracy is disturbed if the election to one level of governance is participated to by elected representatives of another level of governance.
The SLP had challenged the participation of the MP’s, MLA’s & MLC’s in the election of the Mayor of the BBMP which has gone against the will of the people of the BBMP area, wherein the people’s choice was for the BJP which got 100 seats and the mandate was against the Congress and JD(s) which got just 76 and 14 Councillors elected respectively and yet they are able to rule the BBMP.
The notice dated 1.9.2015 which was a prelude to the BBMP Election in Bangalore allowed the above mentioned categories to vote. The petitioner challenged the same vide writ petition. Among the writ petitions filed by many in the High Court of Karnataka at Bangalore, the petitioner TJ Abraham's petition stood out as it challenges the constitutional validity of the amendment which brought Article 243R and in fact challenged the constitutional provision itself on the premise that if at all this article allows MLAs and MPs to vote for mayor election, then the same is violative of Basic Structure of the Constitution as envisaged in Kesavananda Bharathi case.
The writ petitions filed in the high court were dismissed.
The Supreme Court was pleased to issue notice. The bench remarked that the matter raised is relating to the very Fedral Structure in a democracy as such it's an interesting issue that requires consideration and that it's an interesting argument.
The Petitioner was represented by his Counsel Sri.Sriram Parakkat, Advocate, Supreme Court of India.
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