Plea in SC challenges Bihar Minister's reappointment

New Delhi: A plea has been filed in the Supreme Court, challenging the reappointment of Bihar's panchayati raj minister Deepak Prakash, who continues to hold office despite not being a legislator.

The plea seeks directions calling upon Prakash to explain the legal and constitutional basis on which he continues to hold the office.

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The plea also seeks declaration that Prakash's reappointment on May 7 and his continuance in office are unconstitutional, illegal and contrary to Article 164(4) of the Constitution.

The said Article allows a non-legislator to be appointed as a minister only as a temporary exception and requires such a person to secure membership of the state legislature within six consecutive months. Failing this, the minister must cease to hold office.

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According to the plea, Prakash, who is a leader of the Rashtriya Lok Morcha (RLM), was first sworn in as panchayati raj minister in November in the Nitish Kumar-led government despite not being an elected member of either the Bihar Legislative Assembly (Vidhan Sabha) or the Bihar Legislative Council (Vidhan Parishad).