The petitions highlighted that the Act under challenge “proceeded on legally unsound basis” and on wrong interpretation of the Supreme Court order of May 4, 2022.
On May 4, 2022 the Supreme Court, while hearing petition on the OBC reservation in the local bodies had said the State Election Commission must proceed with the elections due on the expiry of the five-year term, and notify the same on the basis of the previous delimitation exercise.
Petitioners interpreted the order to direct the local civic body to conduct elections based on delimitation process for 236 wards.
The petitioners submitted that BMC elections were already overdue by more than 6 months and if the Act is not stayed, then the State Election Commission will not be able to conduct BMC elections.
Source: Barandbench
