New Delhi: An inconsistency in the Andhra Pradesh Reorganisation Act may lead to delay in holding of biennial election to the Telangana Legislative Council. Seven members of the Telangana Legislative Council, who are to be elected by members of the state Assembly, are retiring on March 29. The Election Commission on Thursday pointed out that while 14 members of the 40-member Legislative Council are to be elected by MLAs under Section 23 of the Act, the Fourth Schedule of the same law has put the number of members at 15, one person extra.

"In view of this, matter was referred to the Ministry of Home Affairs under Section 108 of the Act to remove the inconsistency. The response from the central government is still awaited. Once the matter is resolved action will be taken for filling up these seats," EC said.

The poll body flagged this issue while announcing biennial elections to elect five members of the Andhra Pradesh Legislative Council. The notification for the AP Legislative Council elections would be issued on March 10 and the election and counting will take place on March 27.

According to the website of the Telangana Legislative Council, 1/3rd of the total number of members are elected by electorate consisting of the members of Local Authorities, 1/12th are elected by electorates consisting of graduates residing in the state, 1/12th are elected by electorates consisting of persons engaged in teaching, 1/3rd are elected by the members of Legislative Assembly and the remaining are nominated by the Governor.

The 40-member Telangana Legislative Council was formed on June 2, 2014 with members belonging to Telangana region of the erstwhile Andhra Pradesh Legislative Council as per the Andhra Pradesh Reorganisation Act, 2014.

Pointing to another inconsistency, the EC said as per Section 23 of the Andhra Pradesh Reorganisation Act, 2014, the number of seats in the AP Legislative Council to be filled through election by MLAs has been fixed at 17. But under Fourth Schedule of the same Act, the number of members in the Andhra Pradesh Legislative Council elected by the members of Legislative Assembly have been allocated as 16 one member short. It said the inconsistency was referred to the Ministry of Home Affairs.

"The Ministry of Home Affairs has advised that the said vacant seat may be filled up now. That is to say, election may be held to fill five vacancies instead of the four vacancies which have arisen as four members are retiring on March 29," the poll watchdog said.