PATNA: BJP MLC Devesh Kumar on Friday resigned from the Bihar Legislative Council, paving the way for the election of Deepak Prakash to the Upper House and allowing him to continue as a minister in the Samrat Choudhary cabinet.
The development came a day after the Supreme Court questioned how Prakash, Panchayati Raj Minister, had continued in office without being elected for more than six months. He is not a member of either the Legislative Assembly or the Legislative Council.
During Thursday’s hearing on a petition challenging his continuation as minister, Chief Justice of India Surya Kant observed, “This is a pure question of law. The state will have to explain how a minister is continuing for over six months without being elected.” The court has scheduled an urgent hearing on August 4.
The NDA government’s move to elect Prakash to the Legislative Council appears aimed at addressing the constitutional issue raised by the apex court.
Prakash, a leader of BJP ally Rashtriya Lok Mancha, first served as Bihar’s Panchayati Raj Minister for four months and 26 days before CM Nitish Kumar resigned on April 15, 2026. After remaining out of office for 22 days, he was sworn in again on May 7 when Samrat Choudhary formed a new government despite not being a member of either House.
The petition, filed on May 30, argues that Prakash’s reappointment is “a fraud upon the Constitution” because he has held ministerial office for more than six months in aggregate without being elected.
Under Article 164(4) of the Constitution, such a minister can remain in office for only six consecutive months. The Supreme Court will decide whether Prakash’s combined tenure violates this provision.