( 1 ) THE short question arising in writ petition is whether there should be one or different elections for filling up thrce seats of Rajya Sabha from the Electoral College comprising of members of the Legislative Assembly of Delhi. Only three seats of Rajya Sabha have been allocated to Delhi.

( 2 ) THE petitioner is a member of the Legislative Assembly of Delhi elected on Congress (l) ticket. The Legislative Assembly of Delhi has now 49 member belonging to Bhartiya Janta Party, 14 to Congress (l), four to Janta Dal and three independents. Keeping in view the present strength of different parties in the Assembly if one election is held in respect of three seats the possibility of result being different from the result which may be available if three different elections are held for the three seats cannot be ruled out.

( 3 ) ARTICLE 80 (2) of the Constitution of India lays down that the allocation of seats in the Council of States to be filled by representatives of the States and all the Union Territories shall be in accordance with the provisions in that behalf contained in the fourth schedule. Earlier there used to be one seat allocated to Delhi but on account of