New Delhi, Aug. 7: The Bihar government on Friday informed the Supreme Court that Panchayati Raj Minister Deepak Prakash is now a nominated member of the Bihar Legislative Council (MLC), arguing that his induction into the legislature removes any constitutional objection to his continuation in the state cabinet.
The submission came during the hearing of a writ petition challenging Prakash’s appointment as a minister on the ground that he had not become a member of the state legislature within the six-month period prescribed under the Constitution.Appearing for the Bihar government, Solicitor General Tushar Mehta told the court that Prakash’s nomination to the Legislative Council had addressed the issue raised in the petition.
The bench, comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana, directed the state to place the official notification of the nomination on record before adjourning the matter for further consideration.
The petition, filed by social activist Rakesh Kumar Singh, contends that Prakash was first sworn in as Panchayati Raj Minister on November 20, 2025, despite not being a member of either House of the Bihar Legislature. Following the resignation of the then Chief Minister Nitish Kumar and the dissolution of the Council of Ministers in April 2026, Prakash was inducted again into the new cabinet headed by Chief Minister Samrat Choudhary on May 7, 2026.
According to the petitioner, the constitutional six-month period available to a non-legislator appointed as a minister expired on May 20, 2026, and could not be restarted through a fresh appointment after the formation of a new ministry.
The plea argues that such reappointment amounts to an improper use of constitutional provisions and relies on an earlier Supreme Court judgment, which held that the six-month exemption available to non-legislator ministers cannot be repeatedly invoked during the tenure of the same Legislative Assembly.
The petitioner has sought a writ of quo warranto, requesting the court to examine the legal authority under which Prakash continues to hold ministerial office and to declare his reappointment unconstitutional if found inconsistent with constitutional requirements.
The Supreme Court will take up the matter again after examining the notification relating to Prakash’s nomination as a Member of the Legislative Council.
