Have city MLAs and MPs been violating the Karnataka Municipal Corporation Act by voting during mayoral elections? With just two days left for these elections, there is utter confusion over their voting rights.
As per election rules of the Karnataka Municipal Corporation Act, only corporators have the right to vote during the election of a mayor. But the KMC Act 1976 bars those nominated to the corporation from voting and is silent on voting rights of MLAs/MPs. Assuming they had voting rights, 28 MLAs and five MPs from the city have been exercising their franchise and electing the mayor since 1996.
Regional commissioner SN Jayaram, presiding officer for these mayoral polls, has written to the government seeking a clarification on voting rights. He told TOI: "The election will be conducted as per rules. There's confusion with regard to voting for mayor's elections. As per the rules, the first council meet of the year should elect the mayor and at the meet MLAs, MPs, MLCs will also be present along with councillors. I have sought a clarification on whether voting power lies with MLAs, MPs, MLCs," he said.
A senior official pointed out: "This issue has been taken up for the first time. It's now a fight between election rules of the KMC Act and Constitution of Corporation which is in the KMC Act itself."
Sources pointed out that the issue could have been set aside to enable MLAs choose own candidates.
Unmindful of the confusion, BBMP has already despatched letters to all MLAs/MPs to participate in the April 29, 2011 council meeting which is expected to elect a new mayor.
KMC Act on elections
According to Chapter 3 - Election Rules of Karnataka Municipal Corporations Act, 1976 which lays down rules for the election of mayor, deputy mayor, members of the standing committee and chairmen of standing committee specifically says the power of electing them lies with councillors. The rules don't mention a word on voting power to MPs and MLAs.
What KMC Act says
The Constitution of the corporation in the KMC Act only says that MLAs and MPs are part of it and silent on their voting rights. Chapter 3 of the Act bars nominated members of the BBMP from voting.
Quote hanger
The constitution of the corporation is supreme. No election rules can supersede this constitution laid out by Karnataka Municipal Corporation Act. Till 1996, MLAs and MPs were not voting for the mayor. It started only after the 1974 amendment which included MPs and MLAs as part of the corporation. The constitution specifies that nominated members of the council (who can be experts) don't have any powers to vote in council meetings. That means all others such as councillors, MPs, MLAs have voting powers.
Link : http://articles.timesofindia.indiatimes.com/2011-04-27/bangalore/29478032_1_mlas-vote-voting-rights-election-rules
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