The Supreme Court has asked the Bihar government as to how a minister has remained in office for more than the six months prescribed in the Constitution without becoming an MLA or a member of the Legislative Council. The court said that the state government will have to answer on this. The petition filed against Bihar Panchayati Raj Minister Deepak Prakash was mentioned before the bench headed by Chief Justice Surya Kant.
Citing Article 164 (4) of the Constitution, the petition says that if any minister does not become a member of the Legislative Assembly or Legislative Council within six months of his appointment, he cannot hold the post of minister.
Supreme Court is strict on the appointment of Deepak Prakash
On behalf of the petitioner, it was said that more than six months have passed, but Deepak Prakash still remains on the post of minister. Bihar government said that the case was already listed on August 27 and the decision on it was left to the court.
On this, Chief Justice Surya Kant said that this is completely a question of law and the state government will have to explain how a minister can remain in office for more than six months without being elected.
After Nitish, Deepak became minister in Samrat government also
Let us tell you that in November last year, Prakash was included in the government of then Chief Minister Nitish Kumar without being elected as an MLA. When Samrat Chaudhary became the Chief Minister and the new government was formed, Prakash did not hold any ministerial post or government post from 15 April to 6 May. At the same time, on May 7 this year, despite not being a member of the Assembly, he was again made a minister. According to Article 164(4) of the Constitution, one gets up to 6 months time to become a minister without becoming an MLA. Prakash had already completed 4 months and 26 days of this period.
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