The Supreme Court on Monday allowed the Election Commission to go ahead with the election of 24 members of the Bihar legislative council taking note of its submission that if one-third of these had to retire every two years, then these members would be selected through draw of lots.
The Election Commission has submitted that in the event of apex court holds that one third of these 24 members would retire after two years, four years and six years, then they would be so identified by draw of lots, said a bench of Chief Justice H.L.Dattu, Justice Arun Mishra and Justice Amitava Roy in their interim order.
The election of 24 legislative councillors by an electoral college comprising local bodies including panchayats, municipal council and corporations will take place on Tuesday.
Saying that "In our opinion, the aforesaid suggestion made by the principal secretary to the Election Commission of India may be accepted", the court issued notice to the central government and Election Commission as it directed the listing of the matter after six weeks.
The court made it clear that the election of 24 members would be subject to the final outcome of the petition by the Bihar Legislative Council which had challenged the high court order, holding that the poll panel in consultation with the upper house shall identify 1/3rd of the seats for a term of two years, another third for a term of four years and the remaining for six years by June 30.
The apex court stayed the high court order.
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The situation arose as the cycle of eight members retiring every two years got disturbed because elections to local bodies had not taken place in Bihar for quite some time.
The Bihar legislative council has 75 members, out of which 24 members are elected by the local bodies, 27 by the lower house, six by a college of graduates, six by teachers and 12 are nominated by governor.