Patna: Asking to 'undo wrongs' committed
in nominations/elections of members to Bihar legislative
council in past, Patna High Court on Tuesday asked the ECI, state
government and the council to rectify the 'faults' in
conformity with Article 172 of constitution which provides
for retirement of one/third of the members every two years.
A division bench comprising acting Chief Justice
Shivakirti Singh and Justice Shyam Kishore Sharma, hearing a
PIL filed by a Patna-based NGO Chhaya Sarkar, said the
Election Commission of India, state government and council
must follow the constitutional mandate with regard to
nominations/elections to the upper house in letter and spirit.
The court asked the three parties to submit an
affidavit within a month elaborating the rectifying steps for
alleged wrongs committed in nominations or elections of the
members to the upper house since 2003.
Besides, these parties should also take effective
steps to 'undo all the wrongs' committed by waying of
nominations or elections of members to the house 'in haphazard
manner,' the bench said.
The NGO, represented by advocate M P Gupta, claimed in
the PIL that according to Article 172 of the constitution, one
third of the members of the house should retire every two
years and the nominations or elections to fill the vacancies
in the house be made thereafter for a full term of six years.
Bureau Report
First Published: Tuesday, November 03, 2009, 18:45