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4. Since election was not conducted after expiry of the term of the councilors, the Division Bench of this Court in WP No.10216/2020 directed the State Government to publish the final notification of reservation within two weeks from 22.9.2020 and the State Election Commission was directed to hold election for councilors of BBMP within the maximum period of six weeks from the date on which final notification is published.

5. The order passed by the Division Bench is challenged by the State Government in SLP (Civil) No.1518/2020. Meanwhile, for effective administration of the BBMP, the State Government enacted the BBMP Act, 2020 which came into effect from 11.1.2021. Section 7 of the BBMP Act, 2020 specifies that the Government shall be ordered to determine the wards into which the Corporation shall for the purpose of its election, be divided into not less than 225, but not more than 250 wards. Section 8(2) to 8(4) of the BBMP Act, 2020 provides for reservation to SC/ST, backward classes and women.

6. The Hon'ble Supreme Court has issued certain directions to complete the election process under the BBMP Act, 2020 and the election process is monitored by the Hon'ble Supreme Court. Thereafter, the notification was published for delimitation of wards in exercise of power under Section 7 of the BBMP Act, 2020, which was the subject of challenge in WP No.17438/2022 and connected matters and in the light of the order dated 17.8.2022 passed by this Court, the petitioners sought clarification from the Hon'ble Supreme Court. The Hon'ble Supreme Court vide order dated 26.8.2022 directed this Court to decide the writ petitions No.17438/22 and connected matters on merits and pass interim or final orders in accordance with law.

b) The reservation of wards for women is done randomly and in the absence of any material that the majority of wards is deliberately reserved for women in the constituencies held by the opposition parties so as to give an unfair advantage to the ruling party, the submission of the learned counsel appearing for the petitioners that the reservation of wards for women is smacked with malafides cannot be countenanced.
c) The election to the BBMP is to be held for the first time after commencement of the BBMP Act, 2020. Hence, the reservation of seats by following the rotation as specified under Article 243T of the Constitution of India and Section 8(3) & (4) of the BBMP Act, 2020 is not applicable.
Another interesting fact to be noted is that the definition of the Backward Classes of BBMP Act, does not refer about Category-A and B of OBCs, as notified by the Urban Development Department. But, in the proviso 1, 2 and 3 of sub-section 3 of Section 8 of BBMP Act, makes a reference about Backward Classes Category-A and B. We have noticed that the list of SC/ST notified for the purpose of Article 15(4) and 16(4) of the Constitution of India is being adopted even for political reservation of seats in favour of SCs and STs and there is no separate list of SCs/STs for the purpose of political reservation.