SC stays Patna High Court order in Bihar MLC election


New Delhi: The Supreme Court Monday has stayed the Patna High Court order asking the Election Commission to fix the tenures of two, four and six years to one-third members of the Legislative council who are to be elected on Tuesday.
A bench headed by Chief Justice HL Dattu accepted the suggestion of the poll panel that the tenure of the elected members may be decided by lottery.

The Bench said, “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.”

In an affidavit before the apex court, the poll panel stated, “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 stated that after the elections, the Election Commission shall categorize the elected members into three categories i.e. having term of 2,4 and 6 years respectively by lottery in accordance with the decision or direction of the court.