New Delhi/Patna, June 15 (IANS). The Supreme Court has issued notices on the petition challenging the re-appointment of Bihar Panchayati Raj Minister Deepak Prakash to the post of minister. These notices have been sent to Bihar Government, Deepak Prakash and Election Commission.
The Supreme Court issued notices on a writ petition on Monday. In this petition, a challenge has been made to re-make Deepak Prakash the Panchayati Raj Minister of Bihar without electing him as an MLA.
Petitioner Rakesh Kumar Singh argues that Deepak Prakash is not a member of the Assembly or Legislative Council, hence cannot hold any post in the state government ministry. The petition said that according to Article 164(4) of the Constitution, a person who is not an MLA can be a minister for six continuous months, but during this period he will have to obtain membership of the state legislature. This exemption is a one-time opportunity and cannot be used again if the government changes.
According to the petition, Prakash was made a minister by then Chief Minister Nitish Kumar on November 20, 2025, even though he was not a member of the Assembly. Nitish Kumar’s government fell on 15 April 2026, leading to the dissolution of the Council of Ministers. After a gap of 22 days, on May 7, the new government led by Chief Minister Samrat Chaudhary re-appointed Prakash as a minister. The period of 6 months for re-election from first appointment on 20 November 2025 ended on 20 May 2026.
The petitioner said that in such a situation, an attempt has been made to give him additional time by re-appointment. They also argue that allowing unelected individuals to be repeatedly appointed to ministerial positions would harm the principles of parliamentary democracy, representative government, collective responsibility and electoral accountability.
After hearing the arguments of the petitioner during the hearing on Monday, the Supreme Court issued notice to the Bihar government, Deepak Prakash and the Election Commission.
–IANS
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