Karnataka HC issues notice on PIL challenging constitutional validity of Greater Bengaluru Governance Act

The Karnataka High Court on Monday directed the issuance of notices to the State Government, BBMP, and the State Election Commission in response to a Public Interest Litigation (PIL) questioning the constitutional validity of the Greater Bengaluru Governance Act, 2024.

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A division bench led by Chief Justice Vibhu Bakhru and Justice C M Joshi instructed all respondents to submit their replies before the next date of hearing. The Public Interest Litigation (PIL) was jointly filed by acclaimed filmmaker T.S. Nagabharana, ex-BBMP corporator G. Manjunatha Raju, and G.S. Renuka Prasad, who heads the Shanthinagar Residents' Welfare Association.

Appearing for the petitioners, senior advocate M B Nargund argued that the formation of the Greater Bengaluru Authority (GBA) undermines the constitutional mandate of democratic decentralization laid out in the 74th Constitutional Amendment, which strengthens urban local bodies. He highlighted that BBMP elections were last held in August 2015, and no elections have been conducted since then, violating the time-bound election requirement clarified in the Supreme Court’s Kishan Singh Tomar judgment.

The petition claims that the GBA acts as a parallel body with municipal-like powers, but without being elected. Specifically, the petitioners criticized Sections 15 and 23 of the Act, which allow the GBA to design and implement large infrastructure projects and even raise funds independently, functions typically reserved for elected municipal bodies under Article 243Q.

They further contended that placing the Chief Minister at the helm of the GBA undermines the role of the Metropolitan Planning Committee (MPC) and blurs the lines between state control and local governance, going against the principle of separation of powers.

The High Court has taken the matter into consideration and will continue hearings after receiving the official responses from the concerned parties.