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Bihar BJP MLC Resigns, Unelected RLM Leader Deepak Prakash May Be Elected in His Place to Remain Minister
The petition says Deepak Prakash has spent more than six months in office without election and that repeated reappointments violate Article 164(4).
- On Thursday, the Supreme Court questioned the Bihar Government over why Panchayati Raj Minister Deepak Prakash remains in office despite exceeding the constitutional six-month limit without being elected to the state legislature.
- Prakash served four months and 26 days under Chief Minister Nitish Kumar until April 15, 2026, then returned on May 7, 2026, under Chief Minister Samrat Choudhary following a 22-day gap without ministerial office.
- Petitioner Rakesh Kumar Singh argues the reappointment circumvents constitutional safeguards, alleging the continued tenure is "a fraud upon the Constitution" as Prakash has now exceeded six months in aggregate without legislative membership.
- Chief Justice of India Surya Kant termed the case "a pure question of law" and directed Bihar to explain the appointment before scheduling an urgent hearing for August 4, 2026.
- Article 164 permits unelected ministers a six-month grace period; similar cases involving Uddhav Thackeray and Tirath Singh Rawat were resolved by securing legislative membership within the constitutional framework.
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BJP's Devesh Kumar quits Bihar MLC post, paves way for Deepak Prakash to get elected, continue as minister
BJP leader Devesh Kumar has resigned from his position in the Bihar Legislative Council, paving the way for Deepak Prakash to get elected to the House and continue as Panchayati Raj minister of the state.
·Noida, India
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Supreme Court pulls up Bihar over unelected minister: 'How are you retaining him beyond 6 months?' | Article 164(4) explained
A three-judge Bench led by CJI Surya Kant was hearing a request to list a petition challenging Deepak Prakash's second appointment as Bihar's Panchayati Raj Minister despite his not being an elected member of the legislature.
·Mumbai, India
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Coverage Details
Total News Sources15
Leaning Left3Leaning Right7Center0Last UpdatedBias Distribution70% Right
Bias Distribution
- 70% of the sources lean Right
70% Right
L 30%
R 70%
Factuality
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