BIHAR RAJYA PANCHAYAT Vs. ELECTION COMMISSION

JUDGEMENT

(1.) This is a matter in which the petitioner drew the attention of the Court that the seats representing members from self governing institutions are lying vacant at the Legislative Council for almost last 25 years. The petitioner was referring to Sub-clause (3) of Article 171 of the Constitution of India.

(2.) When the Court sought return on the writ petition from the State-respondents, the proposition was not resisted. The State-respondents acknowledged that indeed these seats are lying vacant at the Legislative Council. The respondents also acknowledged that to fill seats certain enactments would need to be updated. As a consequence of this proceeding amendments were caused to be made to the Representation of the Peoples Act 1950 and the Schedule to this Act. The details are given in the orders of the Court dated 24th July, 2002, 30th October, 2002, 1st May, 2003 and 9th July, 2003.

(3.) Today, learned counsel for the petitioner Mr. M.P. Gupta and the counsel for the State Mr. S.K. Ghosh, Sr. Advocate, AAG-II, assisted by Mr. Nirmal Kr. Sinha, J.C. to AAG II, have made a joint statement that as a result of this proceeding the 24 seats at the Legislative Council have been filled recently as Members of the Legislative Council have taken their oath and now are functioning at the Legislative Council after two decades. This is breaking new ground in the political administration of the State and a true representation of the third tier of the Government at the Legislative Council in terms of Article 171 (3) of the Constitution of India. This indeed was a public interest litigation in true sense and spirit of such public causes in Court. This was an effort to put grass root democracy to see its representation as ordained by the Constitution at the Legislative Council. This was legal aid to represent self governing institutions at the legislature.