PATNA: A Public Interest Litigation (PIL) has been filed in the Patna High Court, challenging the nomination of Deepak Prakash as a member of Bihar Legislative Council (MLC).
The PIL filed by Prince Kumar Ojha, alleged that the nomination of Prakash violates Article 171(3)(e) and Article 171(5) of the Constitution of India.
The PIL seeks issuance of a writ of quo warranto, calling Prakash to show under what circumstances he occupies the public office of a nominated MLC. It also seeks a writ of certiorari quashing the notification through which he was nominated as MLC.
The petitioner Ojha, contended that Article 171(5) restricts nominations to the Legislative Council to persons possessing special knowledge or practical experience in literature, science, art, the cooperative movement and social service.
The petitioner argued that Prakash does not fulfill the constitutional requirement for nomination under Article 171(3)(e), which a person must posses the prescribed special knowledge or practical experience in the five exhaustive fields mentioned above.
The PIL further contended that the Constitutional intent behind Article 171 was not to create an avenue for political rehabilitation or a ‘backdoor’ entry for active political personalities into the Legislative Council.
Presenting these facts before the High Court, the petitioner has sought quashing of Deepak Prakash as a member of Legislative Council. The petitioner also said that political affiliation or electoral convenience cannot be presented as social service to justify nomination under the Constitutional provision.
Deepak Prakash was appointed as a member of Legislative Council on August 5, by Governor Syed Ata Hasnain to fill the vacancy following the resignation of Devesh Kumar. Devesh had resigned as member of Legislative Council on July 31.
The Supreme Court on July 30, while hearing a petition, had asked the Bihar government how Deepak Prakash, an unelected minister, can hold the position even after six months after assuming office.
Following a Supreme Court directive, the Bharatiya Janata Party (BJP) asked Devesh Kumar to resign from the post, paving way for Deepak Prakash’s nomination as MLC.