Bihar Government Initiates Process for Minister Deepak Prakash's Legislative Council Election

Bihar Government Moves Forward with Legislative Council Election for Minister Deepak Prakash

The Bihar government has commenced the process to elect Minister Deepak Prakash to the Bihar Legislative Council. This decision follows concerns raised by the Supreme Court regarding how he could remain in the state cabinet without being a member of the legislative assembly. Reports indicate that BJP MLC Devesh Kumar has resigned from the council, paving the way for Deepak Prakash to contest for the vacant seat and retain his ministerial position.

Devesh Kumar's resignation is perceived as a strategic maneuver by the ruling National Democratic Alliance (NDA) government, aimed at fulfilling the constitutional requirement for Deepak Prakash to become a legislative member while remaining a minister. This development emerged after a Supreme Court hearing on Thursday, which challenged Deepak Prakash's continued ministerial role despite not being a member of either the assembly or the council.

During the hearing, the bench questioned the Bihar government on how a minister could remain in office beyond the constitutionally stipulated timeframe without being elected to any house. The court emphasized that this issue pertains to a significant constitutional question and directed the state government to clarify its stance. Given the importance of the case, the Supreme Court has scheduled the next hearing for August 4.

The government's decision to send Deepak Prakash to the Legislative Council is viewed as an effort to address constitutional concerns raised during the proceedings while ensuring his continued presence in the state cabinet. Notably, Deepak Prakash was recently denied a ticket in the elections for ten seats in the council, putting his ministerial position at risk under constitutional provisions. To resolve this situation, the BJP decided to vacate one of its allocated seats, allowing Devesh Kumar to resign and clear the path.

Devesh Kumar was among the 12 members of the Legislative Council appointed by the governor, with his term set to last until March 2027. With his resignation, there is a possibility that Deepak Prakash may be appointed to the now-vacant seat by the governor, which would enable him to become a member of the Legislative Council and maintain his ministerial role.