BIHAR RAJYA PANCHAYAT PARISHAD Vs. ELECTION COMMISSION

JUDGEMENT

(1.) THIS writ petition raises very important questions to reflect on the void which is in the legislature especially those legislatures which are bicameral. Bihar has a bicameral legislature. The composition of the Legislative Council, as a circumstance of fact, is not complete. Under Article 171(3)(a) of the Constitution of India as nearly as may be one -third shall be elected by electorates consisting of members of municipalities district boards and such other local authorities in the State as Parliament may by law specify. The law in reference to this is the Representation of the Peoples Act, 1950. The modalities to give effect to such representations are in Sections 10 and 27 read with Schedules III and IV, respectively.

(2.) IN order to understand what the controversy is about and where exactly the void is, Article 171 of the Constitution of India, in reference to the context, Sections 10 and 27 of the Representation of the Peoples Act, 1950 and the corresponding Schedules III and IV should be read to -gether. The Constitution of India CHAPTER III - THE STATE LEGISLATURE

(3.) THE corresponding Schedules to the Act, aforementioned, the Third and Fourth Schedules specify the number of seats in a Legislative Council of each State and indicate the local authorities. The Schedules point out : THE THIRD SCHEDULE Allocation of Seats in the Legislative Council Number to be elected or nominated under Airticle 171 (3) Name Total subclause subclause subclause subclause subclause of number of (a) (b) (c) (d) (e)