LOK ADHIKAR SANGATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been filed as a public interest litigation by three persons Messrs. Gorelal Manishi, Brajendra Kumar Guha and Ram Nandan Prasad. The first of them calls himself a Deputy Convenor of an organization labelled as Lok Adhikar Sangathan, Bihar.

(2.) BETWEEN the organization which they have got together, possibly for the purpose of this petition, and between them, it is their contention that continuing the Bihar Legislative Council is a fraud on the Constitution. The petitioners do not refer to the particular Article of the Constitution of India by which there is a composition of the Legislative Council. This is Article 171. Conveniently ignoring this Article it was so readily pointed that Article 169 desires abolition of Legislative Council in States.

(3.) SINCE the petitioners have not taken care even to refer to the particular provision of the Constitution of India by which the Bihar Legislative Council had been established (Article 171), to talk of abolition of it can be strictly in terms of the Constitution.