Karnataka High Court
Murali Krishna Brahmandam vs The State Of Karnataka on 21 March, 2022
Bench: Chief Justice, S R.Krishna Kumar
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.4467 OF 2022 (LB-BMP-PIL)
BETWEEN:
MURALI KRISHNA BRAHMANDAM
AGE 66
S/O ANJANEYULU BRAHMANDAM
OCCUPATION: FATHER OF NEW BBMP
AND THE NEW WORLD
42 LAVELLE ROAD, BENGALURU 560 001
... PETITIONER
(BY SRI MURALI KRISHNA BRAHMANDAM, PARTY-IN-PERSON)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA, BANGALORE-560001
2. THE STATE ELECTION COMMISSION
REPRESENTED BY ITS COMMISSIONER
NO 8, 1ST FLOOR, K.S.C.M.F. BUILDING ANNEXE
CUNNINGHAM ROAD, BENGALURU 560 052
3. THE CHIEF COMMISSIONER
BBMP, BRUHAT BANGALORE
MAHANAGARA PALIKE
N.R.SQUARE, CORPORATION CIRCLE
BANGALORE-560 002
4. PRESIDENT,
BHARATIYA JANATA PARTY-KARNATAKA
#48, TEMPLE STREET, 11TH CROSS
MALLESHWARAM
BENGALURU 560003
-2-
5. PRESIDENT
KARNATAKA PRADESH CONGRESS COMMITTEE
7/2, INDIRA GANDHI BHAVAN
PLAIN ST, SHIVAJI NAGARA
BENGALURU, KARNATAKA 560001
6. PRESIDENT
JANATA DAL (SECULAR) KARNATAKA
19/1, PLATFORM ROAD, JAKKARAYANA LAKE
SESHADRIPURAM
BANGALORE, KARNATAKA 560020
7. STATE CONVENER,
AAM ADMI PARTY, KARNATAKA
#13, 1ST FLOOR, HAMDH COURT,
MOTHER THERESA ROAD,
AUSTIN TOWN, NEELASANDRA
BENGALURU 560047
8. GENERAL SECRETARY
BENGALURU NAVANIRMANA PARTY
101, BRIGADE PARAMOUNT
5 OLD MADRAS ROAD, C.V.RAMAN NAGAR
BENGALURU - 560 093
... RESPONDENTS
(BY SRI VIJAYAKUMAR A. PATIL, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1
THE STATE GOVERNMENT OF KARNATAKA TO PROPERLY REPAIR
THE BBMP ACT, 2020 AT THE EARLIEST OR WITHIN 6 WEEKS
AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
This Public Interest Litigation has been filed seeking the following reliefs:
"Prayer #1: Direct R-1, R-2, and R-3 to place sufficient and required restrictions on the activities, communications, and interactions of R-4 to R-8 and their political party associates and workers with the people and voters of BBMP area.-3-
Prayer #2: Direct R-1, R-2, and R-3 to require R-4 to R-8 and their political party associates and workers to get licensed at BBMP-LB level by BBMP or by the Government of Karnataka similar to any other professional license requirements for doctors, advocates, insurance agents and so on to interact and communicate with people of BBMP area.
Prayer #3: Direct R-1, R-2, and R-3 to require R-4 to R-8 and their political party associates to disclose all material communications and interactions with voters and people of the BBMP area.
Prayer #4: Direct R-1, R-2, and R-3 to require R-4 to R-8 to nominate only PERSONS for BBMP councillor seats and to require R-4 to R-8 to define their definition of the word PERSON [in THE REPRESENTATION OF THE PEOPLE ACT, 1951 Section 32. Nomination of candidates for election - Any PERSON may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of the constitution and this Act].
Prayer #5: Direct R-1, R-2, and R-3 to require every candidate for nomination for BBMP election to submit a 5-year WARD manifesto as per an easy-to- use draft WARD manifesto to be made available to them well in advance of an election based on 'No Manifesto - No Nomination' and 'Only Manifesto - No Other Agreement' MOU.
Prayer #6: Direct all respondents R-1 to R-3 and R-4 to R-8 to require all political party WARD level candidates to work together as a team at WARD level restricting their work to WARD level. Ward level candidates may work together to develop even better common-joint manifesto as a team Manifesto to get better overall results for all - giving maximum importance to Ward level election candidates.
Prayer #7: Direct R-4, R-5 and R-6 to work together with R-1, R-2 and R-3 to get the BBMP Act, 2020 repaired quickly within 12 weeks to make the BBMP Act, 2020 better and implementable in line with the recent BBMP 243 ward delimitation details and after consultative inputs from public, R-7, R-8, and other BBMP area stakeholders.-4-
Prayer #8: Direct R-1, R-2, and R-3 to NOT hold BBMP election until the BBMP Act, 2020 is repaired properly but to conduct poll surveys to identify the % of people of a ward that are inclined towards one of R-4 to R-8 or independent candidates and other political parties and to then create and energize WARD level committees that bring together all political parties to work together as a WARD level team.
Prayer #9: Direct all Respondents to come together and ask the Petitioner to act as the Interim Mayor of BBMP to RESTRUCTURE the BBMP area government correctly until elections are held.
Prayer #10: Direct all Respondents to come together and ask the Petitioner to act as the Father of the New Physical and Social BBMP to RESTRUCTURE the BBMP area government correctly because - Only the Petitioner is capable of solving the inconsistencies in the views of the Supreme Court, High Court of Karnataka, Karnataka State Election Commission, Delimitation Commission, Government of Karnataka, Aspiring BBMP Election Candidates, and Political Parties on the issue of holding BBMP election with the BEST possible solution for the people and business of the BBMP area. No MP, No MLA, No Councillor, No UPSC/KPSC selected officer, and No Court has solved this problem so far, Petitioner can solve this.
Prayer #11: Direct R-4 to R-8 to provide big incentives for efficient and honest PERSONS and election candidates for working together at WARD level as a team as per the new Restructured BBMP that rewards every WARD level PERSON working for R-4 to R-8.
Prayer #12: Grant the Petitioner Exclusive Copyrights on this self-drafted PIL petition to prevent all others to file PIL using same or similar method to solve the problems faced by BBMP people."
2. Mr Murali Krishna Brahmandam, the party-in- person/petitioner makes a statement that he wants to consult a person with legal knowledge and file proper -5- petition, as such, he may be permitted to withdraw this writ petition with liberty to file afresh.
3. The writ petition is accordingly dismissed as withdrawn with liberty to file afresh.
4. The pending interlocutory application stands disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE VM