- (1.) There is a Public Interest Litigation moved by one Citizen of India regarding the apprehension felt by him about the rotational retirement of Members of Legislative Council of the State.
(2.) The array of parties in this writ petition is interesting, the first respondent is the Election Commission of India, the second is his Excellency the Governor of Uttar Pradesh and the 3rd to the 40th respondent both inclusive are members of the Legislative Council
(3.) Article 172 of the Constitution of India is the starting point of argument of learned counsel for the petitioner The said Article is quoted in full but only the second sub Article is material for us "172 Duration of State Legislature - (1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for (live years) from the date appointed for its first meeting and no longer and the expiration of (he said period of (five years) shall operate as a dissolution of the Assembly Provided that the said penod may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a penod not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate (2) The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of very second year in accordance with the provisions made in that behalf by Parliament by law.";