PATNA: Nitish Kumar is likely to resign from the state legislative council on March 30 following his election to the Rajya Sabha.
Nitish, as well as Nitin Nabin, who is a member of the state assembly, were elected to the Rajya Sabha unopposed on March 16.
Prem Kumar said on Friday that an individual is required to resign from their membership in the assembly or legislative council within 14 days of being elected to another House. Based on this stipulation, both Nitish and Nabin should resign from their respective Houses by March 30.
“Since the 14-day period expires on March 30, it is possible that Nitish may tender his resignation on that very day,” sources within the ruling NDA said.
Janata Dal (United) working president Sanjay Jha also corroborated the Assembly Speaker’s contention. Talking to media persons in Patna, Jha said that, as per the laid-down Constitutional procedure, one has to resign within 14 days from a House if elected to another House.
“Nitish Ji will also follow the Constitutional procedure,” he added.
Meanwhile, sources said that the Constitution contains a provision under which an individual can serve as the chief minister of a state for up to six months without being a member of either the assembly or the legislative council.
In such a situation, Nitish can continue as Bihar’s Chief Minister for six months even without being a member of either House of the state legislature. It is, therefore, uncertain whether Nitish would step down as Chief Minister on Monday itself or take more time to relinquish the office; time will tell.
The Prohibition of Simultaneous Membership Rules, 1950, framed under Article 101 of the Indian Constitution, prohibit simultaneous membership in both Parliament and a state legislature.
Individuals have to resign their legislature seat within 14 days of being elected to Parliament, failing which their seat in Parliament becomes vacant.
It is another matter that if Nitish does not relinquish his membership in the legislative council, his membership in the Rajya Sabha will automatically stand terminated, sources added.
Nitish’s “Samriddhi Yatra” concluded last Thursday, as he decided to complete the remaining phases of his yatra and tour several districts before proceeding to the Rajya Sabha. During his visits to various districts, party workers and common people appealed to him not to leave Bihar.
A large section of people from Bihar, particularly those from his home district of Nalanda, want Nitish to continue as Chief Minister. Independent MP from Purnea, Rajesh Ranjan, has suggested that Nitish should designate someone from within the JD(U) to serve as the next Chief Minister if he intends to move to Delhi.
The Purnea MP’s statement has generated heat in the state’s political circles. A section of JD(U) leaders, especially youth members, has demanded that Nitish’s son, Nishant Kumar, be made Chief Minister.
Deputy Chief Minister and BJP leader Samrat Choudhary, however, repeatedly said that the new government in Bihar would work under Nitish’s guidance.
JD(U) national working president and Rajya Sabha member Sanjay Kumar Jha said that Nitish would spare time for Bihar even if he becomes a member of the Upper House of Parliament.
“Nitish Ji will be in Delhi when Parliament is in session. For the remaining period, he will be in Patna (Bihar),” he told the media.