PATNA — The High Court on Tuesday asked the Election Commission (EC), State government and the Bihar legislative council (BLC) 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 EC, 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.
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.
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