- (1.) After hearing Shri Ashok Desai and Shri L. Nageswara Rao, learned Senior Counsel appearing for the Election Commission of India and the Bihar Legislative Council, respectively, we issue notice to the respondents. The learned counsel, on caveat, enters appearance and accepts notice.
(2.) Shri Desai, learned Senior Counsel has filed an additional affidavit of Mr K.F. Wilfred, son of K.T. Francis, Principal Secretary, Election Commission of India, New Delhi. The said additional affidavit is placed on record.
(3.) In the said additional affidavit, at Para 8 the Principal Secretary has stated as under: "8. The Election Commission submits that in the event of this Hon'ble Court holding and deciding that the Members of the Legislative Council have to retire in proportion of l/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 Hon'ble Court." In our opinion, the aforesaid suggestion made by the Principal Secretary to the Election Commission of India may be accepted.;