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BBMP elections 2009 and Bureaucratic Accountability

3 May 2009 - 1:51pm — Public Agenda

The report linked below 

http://www.deccanherald.com/Content/May32009/city20090503133950.asp

makes public a party political strategy saying how the GoK ruling party MLAs want to make sure they get more seats in the BBMP elections by increasing the no of wards. Something which the previous coalition govt also might have also done. But the article does not go beyond typical polticial reporting to take up any analysis.

From the public agenda viewpoint the GoK is bound to hold elections to uphold democracy and provide access to political representatives in an immediate and expedient manner to provide responsiveness and to remedy grievances listen to basic needs and redress the same in Bengaluru.

As a result of the 2-1/2 years delay in holding elections even as per the SC ruling the Ahdbad Mun Corp case of Oct 2005

If the politicians will follow the way of their predecessors even in the face of strictures from the highest court and contempt cases will the top buraeucrats of UDD, GoK who are expected to be committed to the defence of the constittuion of India give them sound counsel to not delay the elections any further ?

Will they be accountable as in the case of elections where Mr Manivannan says the buck stops with him (as below)

mysore.praja.in/discuss/forums/2009/04/voter-lists-issues-and-possible-fraud#comment-13921

The Chief Secy of the state is where the buck stops in the case of Presidents rule (6 months) but even during that period BBMP elections were stalled

We seriously need to discuss how to make the bureaucrat accountable!

Vasanthkumar Mysoremath's picture

Next big Tamasha 'Operation BBMP elections'?

Vasanthkumar My... - 3 May 2009 - 6:22pm

PA sir

It will be in the fitness of things if the salient features of the High court orders are summarised and posted;  this may help prajas to offer their valuable remarks because any comment made may atrract contempt of court scenario.  If the High court order has dealt with the modus operandi of holding elections for BBMP after taking into consideration the recently increased 47 wards (earlier we had 100 wards) also, then government will not be eligible to increase the number of wards further.  I don't know what the position is, may be some light can be thrown on this and other sensitive points included in the HC order.. 

Just because of bunch of ruling party MLAs are demanding increase in number of wards with a political motive,  government cannot go against the HC order and increase the number of wards and invite strictures/orders for contempt of court. 

will there be a summary revision of electoral rolls once again for BBMP elections and at what cost?  Missing voters syndrome is still haunting the minds of citizens.  It will be better for the civil society to involve itself in a more proactive manner and have a say through their participatory democracy approach.   Otherwise, if we allow things to deteriorate further, we will be living in a paradise of fools.

- Vasanth Mysoremath

silkboard's picture

Didn't get it - mixing up?

silkboard - 4 May 2009 - 1:09am

Sorry PA, but didn't get what was your key point there. You started with attack on local MLAs, then moved on to accountability for the delay in local elections. Who is responsible for conducting local elections - that part is not clear. Are local MLAs delaying it, or are public servants responsible?

Babus are more or less immune from liability (refer our past posts on Lokayukta powers) procedures, but what was the point you are trying to make here - 1) how to make babus accountable, or 2) local elections are long due for Bangalore.

Not trying to criticize your intent, you seem like a knowledgeable person, perhaps some education for us on these may be good

  • Ahmadabad Municipal Corporation Case ruling of 2005
  • Immunity provided under section 19 (1) of the Prevention of Corruption Act and Section 197 of the Code of Criminal Procedure (CrPC) which requires grant of sanction by appropriate authority to prosecute public servants in criminal cases including corruption.
  • Any other fine legal angles of liabilities that public servants carry or enjoy freedom from

Don't assume we know the fine legal details that you may be skilled in. So please share more, and enlighten us.

Public Agenda's picture

bureaucracy be made accountable

Public Agenda - 4 May 2009 - 4:47pm

Hi all,

Thanks for your response.

Let me make my point clear  

GoK should hold BBMP elections as per the HC directions without making any more changes in the number of wards, laws for Bengaluru or any other issues. the HC also already allowed delays in three cases for various reasons:

  1. Going by constitution and SC rulings elections should have been held as per existing conditions in Oct 2006 with 100 wards and 225 sq kms and based on all the changes which were done later on hold another elections for the larger local government
  2. even making a newer change more recently (March- April 2009) after talking to NHAI which is to try and include the NH road upto BIAL and BIAL itself which was not done earlier should not prevent UDD, GoK from holding elections
  3. Ahmedabad Municipal Corporation SC ruling 2005 states the same and came after a PIL by an individual but by the time of ruling the elections were already held
  4. Many cities have had expansion in the  past few years, Surat, Vizag, A’ Bad, Hyd’Bad etc. Kovai is planning to.
  5. The loss of a democratically elected seat of power is not allowed by the Constitution of India for more than 6 months by the 74th CAA. So the court shd have had a deadline of April 2007 for elections something which it was already lenient on GoK.
  6. But during Presidents rule the top GoK bureaucrats did not prevent yet another violation ;delimitation of wards was not completed, wards reservation roster was not announced, for Blr while at the same time holding elections for over 200 municipalities (again after a delay of one year) in Sept 2007 for rest of Karnataka.

Blr (BBMP) is in competition with Hyd’bad (GHMC) which also has no elected council but there is an HC case in AP HC also for the same.

So now with the current moves of the MLAs to increase BBMP wards to 200, my point is will better counsel prevail and will the bureaucrats convince the ruling party to conduct elections without fail or face contempt of court.

While in the current Lok Sabha 2009 Code of Conduct phase they should not allow overt party poltical manipulations to occur. They did not even ensure elections themselves during presidents rule in Oct 2007 to May 2008 before Karnataka Assembly elections 2008, when they were more accountable .

It is really an issue of how does the buck stop with bureaucrats? since they are more or less immune from public pressure and are accountable to only the Politicos and not necessarily the Public except maybe in the sp case of Presidents rule and code of conduct. So will the Public ever be in a position to impose this accountability?


Vasanthkumar Mysoremath's picture

No Sir, Ceaser's wife is above suspicion...

Vasanthkumar My... - 5 May 2009 - 7:50pm

PA Sir,

Yes, this is the scenario with regard to our Babus (even typing the spelling of bureaucrats is a pain) because they are the masters of ceremonies and have an excellent knowledge as to how to bend like Beckham without getting enmeshed or embroiled on both counts - political and public.

God bless the four pillars of democracy. 

Oft repeated - Time to make a change we want to see. Step in..

-Vasanth Mysoremath

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