General Assembly convened in extraordinary session in Nashville on May 29, 1962, and enacted two separate acts reapportioning legislative seats. Public Chapter No. 1, Extraordinary Session of 1962, reapportioning seats in the House of Representatives, was passed on June 6, 1962. Public Chapter No. 3, reapportioning Senate seats, was also passed on June 6, 1962. Both acts were approved by the Governor on June 7, 1962.
The question now presented to the Court upon motion for summary judgment is whether the two 1962 statutes reapportioning legislative seats in the General Assembly of Tennessee are constitutional when measured in terms of the requirements of the equal protection clause of the Fourteenth Amendment to the Federal Constitution.[2]
Having heard extensive arguments by the attorneys for the respective parties on June 11, 1962,other standard, it is outside the permissible limits of the Fourteenth Amendment. This view of the test to be applied in the present case is borne out by the concurring opinion of Mr. Justice Douglas in his reference to "egregious injustices," by the concurring opinion of Mr. Justice Clark in which he states that while mathematical equality among voters is not required, "there must be some rational design to a state's districting," by the concurring opinion of Mr. Justice Stewart in which he states that the complaint *345 in the present case asserts that "Tennessee's system of apportionment is utterly arbitrary  without any possible justification in rationality," and finally by the repeated references in the majority and concurring opinions to the proscription by the equal protection clause