SC stays Patna HC order on tenures of Bihar MLCs

The Supreme Court today stayed the Patna High Court order asking the Election Commission to fix the tenures of two, four and six years to one-third members each of a total of 24 Bihar Legislative Council members to be elected tomorrow, saying this may be decided by draw of lots.
Refusing to stay the July 7 poll for the legislative council, a bench headed by Chief Justice H L Dattu accepted the suggestion given by the poll panel that the tenures of the elected members may be decided by draw of lots.
"We stay that portion of the order passed by the Division Bench of the High Court wherein the High Court has directed that 'the Election Commission, in consultation with the Legislative Council, Bihar, shall identify 1/3rd of the 24 seats earmarked for local authorities for a term of two years, another 1/3rd seats, for a term of four years and the remaining 1/3rd, for six years by issuing necessary notification, amendment or clarification, as the case may be, by 30th of June, 2015'," it said.

The poll panel, in its affidavit before the apex court, has submitted that "in the event of this Court holding and deciding that the members of the Legislative Council have to retire in proportion of 1/3rd members as per the provisions of Article 172 and the same should apply also to the category of candidates for the present election (category of candidates to be elected by local authorities/ panchayats/ municipal council/corporations) to the Legislative Council of Bihar.
"The Election Commission states that after the elections, the Election Commission shall then categorise the elected members into three categories (i.E. Having term of 2,4 and 6 years respectively) by draw of lots in accordance with the decision or direction of this court."

The bench, which also issued notices on separate pleas filed by the Election Commission and the Bihar Legislative Council against the verdict of the High Court, clarified that its order will be "subject to the final result of these Special Leave Petitions" and fixed them for hearing after six weeks.