VIDYASAGAR SINGH Vs. KRISHNA BALLABHA SAHAY

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India, filed by Shree Vidyasagar Singh, describing himself as an advocate of this Court and a social worker. The substance of the application is that opposite parties Nos. 3 to 7 have not been validly nominated under Article 171(3)(e) of the Constitution of India, as members of the legislative Council of Bihar, and the prayer is that the nominations of opposite parties Nos. 3 to 6, named Shrimati Parvati Devi, Shree Parmanand, Shree Fazlur Rahman and Shree Shyama Prasad Singh, may be declared ultra vires, void and illegal. There is no specific prayer as against opposite party No. 7, but Sri Basudeva Prasad, appearing for the petitioner, has submitted that the nomination of opposite party No. 7 may also be declared void and illegal if the Court finds it proper to do so. Learned counsel has stated that this application is really for an information in the nature of quo warranto, asking for a judgment of ouster as against opposite parties Nos. 3 to 6 from the Bihar legislative Council. It is contended that the impugned nominations are ultra vires, void and illegal on the ground that they have been made in contravention of Article 171(3)(e) read with Article 171(5) of the Constitution. Article 171 runs as follows:

(2.) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in Clause (3).

(3.) Of the total number of members of the Legislative Council of a State-