The Karnataka High Court on Monday issued notices to the state government, the BBMP, and the State Election Commission, in response to a Public Interest Litigation (PIL) challenging the constitutionality of the Greater Bengaluru Governance Act, 2024.
A division bench of Chief Justice Vibhu Bakhru and Justice C.M. Joshi directed the respondents to file their replies by the next hearing.
The PIL was jointly filed by film director T.S. Nagabharana, former BBMP corporator G. Manjunatha Raju, and G.S. Renuka Prasad, chairman of the Shanthinagar Residents’ Welfare Association.
Representing the petitioners, senior advocate M.B. Nargund argued that the Act undermines the 74th Constitutional Amendment, which aims to strengthen urban local bodies. He noted that BBMP elections have not been held since August 2015, and that the newly formed Greater Bengaluru Governance Authority bypasses democratic procedures by allowing state control without elections.
The petition cites the Supreme Court’s ruling in the Kishan Singh Tomar case, which mandates timely local body elections. Petitioners contend the authority duplicates municipal functions and violates Article 243Q of the Constitution. They also raised concerns over Sections 15 and 23 of the Act, which allow the Authority to execute major projects and raise funds—functions typically performed by elected municipal bodies.
Critically, since the Chief Minister chairs the Authority, the separation of powers between planning and governance is blurred, potentially eroding democratic decentralisation.