The question presented to us for decision may be stated as:

Does the Michigan Constitution, 1963, art 4, § 9 1 , prevent an otherwise qualified incumbent State Representative from being a candidate to fill a vacancy in the State Senate?

We conclude that it does not.

The office of State Senator is a part of the Legislature as is the office of State Representative. We read the bar of Const 1963, art 4, § 9 as being applicable only when a "person elected to the legislature” seeks to leave the Legislature during the term for which he is elected. We read "[n]o person elected to the legislature shall receive any civil appointment” as referring to "appointment” *3 to a non-legislative office and not as a bar to mobility within the Legislature.

We are persuaded that in adopting the Constitution the people did not intend that members of a bicameral Legislature should be separated by a barrier which prevents movement between the two houses by popular election.

Writ of mandamus shall issue as prayed and the Clerk of this Court is directed to issue final process pursuant to GCR 1963, 866 forthwith.

No costs, a public question.