PWD 53 CRM 2007 30.4.2008.
The Election Commission of India has filed an affidavit dated 30/9/2008, inter alia, stating as follows It is submitted that the use of the word cancel in paragraph 2 of its Order dated 8/5/2008 has been misread by the petitioners as it was only intended to mean that the implementation of decision of Government of Karnataka dated 30/4/2008 be cancelled and suspended during the ongoing electoral process between the 8/5/208 the date of passing the Order by Election Commission and the 28/5/2008 the date on which the election process was to get over.
On the basis of this directive the Government of Karnataka by Government order No.
If that was the intention, the same should have been companyveyed to the State Government after the order of cancellation was passed.
PWD 53 CRM 2007 BANGALORE DATED 09.05.2008 Pursuant to the directions of the Election Commission of India companyveyed in the reference read at 2 above, the Government Order dated 30.4.2008 at 1 above is hereby withdrawn with immediate effect.
The Commission further directed the State Government to cancel the Government decision.
DPAR 4356 ELN MCC 2008 dated 8.05.2008 from the office of the Chief Electoral Officer, Karnataka Bangalore.
PWD 53 CRM 2007 Bangalore, dated 9.5.2008, passed the following order PROCEEDING OF THE GOVERNMENT OF KARNATAKA Sub Implementation of the Basngalore Mysore Infrastructure Corridor Project BMICP under BOOT companycept Read 1.
G.O.No.
By Order and in the name of the President of India Deviprasad Under Secretary to Government Public Works, Ports and IWT Department 3 By order dated 9.7.2008, this Court stayed the direction relating to cancellation of the decision.
GOVERNMENT ORDER NO.
2Letter No.
Dr. ARIJIT PASAYAT,J. Leave granted.
Challenge in this appeal is to the order dated 8/5/2008 issued by the office of the Chief Electoral, Karnataka, purporting to act in terms of the directions of the Election Commission of India in short the Commission under Article 324 of the Constitution of India, 1950 in short the Constitution .
The effect of the order was that numberaction was to be taken on the decision of the State Government partially modifying the Government decision dated 30/4/2008 and also number to take any further policy decision and action on the BMIC project 2 till 28/5/2008, that is the date on or before which the Election process is to be companypleted.
