Bihar CM Nitish Kumar Faces Deadline to Resign from Legislative Council

Deadline for Resignation

On Friday, Bihar Assembly Speaker Prem Kumar announced that Chief Minister Nitish Kumar has until March 30 to resign from the Legislative Council following his election to the Rajya Sabha. This information was reported by a local news outlet.

Prem Kumar highlighted the 1950 Prohibition of Simultaneous Membership Rules, which mandates that an individual elected to both Parliament and a state legislature must resign from one within 14 days. If this requirement is not met, their parliamentary membership will be automatically revoked.

Nitish Kumar secured his position in the Rajya Sabha on March 16, marking his first election to the Upper House. His current term in the Legislative Council, which is his fourth consecutive term, is set to conclude in 2030.

He assumed the role of chief minister for the tenth time in November following the Assembly elections.

Sanjay Kumar Jha, a leader from the Janata Dal (United), confirmed that Nitish Kumar would adhere to the constitutional guidelines regarding his resignation.

Prem Kumar also noted that Article 164(4) of the Constitution allows an individual to serve as chief minister for a maximum of six months without being a member of the state legislature.

He stated, 'Yes, there is also provision to continue as the chief minister for up to six months, and after that he has to either go for the Assembly election or become a member of the [Legislative] Council.'

When announcing his candidacy for the Rajya Sabha elections on March 5, Nitish Kumar expressed his aspiration to serve in all four legislative capacities at both state and central levels, including as a member of the Legislative Assembly, Legislative Council, Lok Sabha, and Rajya Sabha.

Currently a member of the Legislative Council, he has previously held positions as an MLA and a Lok Sabha MP.

Speculation surrounds whether Nitish Kumar will resign as chief minister following his election to the Rajya Sabha, but it remains uncertain who will succeed him and when.