'It Should Not Be Viewed As Connected': Deepak Prakash On BJP MLC's Resignation After SC Questions Bihar Govt
· Free Press Journal
The legal battle over Bihar Panchayati Raj Minister Deepak Prakash's continuance in office has intensified, with the Supreme Court questioning the constitutional validity of his tenure beyond six months as a non-legislator, even as BJP MLC Devesh Kumar resigned from the Legislative Council, a move widely seen as paving the way for Prakash's entry into the legislature.
A day after the top court sharply questioned the Bihar government over Prakash's continuation as minister, the BJP leader declined to comment on the matter, saying the issue was pending before the Supreme Court and that all relevant facts would be placed before the bench.
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Supreme Court Questions Bihar Government
On Thursday, a Bench headed by Chief Justice of India Surya Kant questioned the Bihar government over the legality of retaining Deepak Prakash as a minister despite him not being elected to either House of the state legislature within the constitutionally mandated period.
"How are you retaining a minister beyond six months when he is not elected?" the Chief Justice asked while hearing a plea seeking an expedited hearing of a petition challenging Prakash's reappointment.
Calling it a "pure legal issue", the Bench referred to Article 164(4) of the Constitution, which permits a person who is not a member of the legislature to serve as a minister for only six months unless elected within that period.
The petitioner's counsel informed the court that more than seven months and 22 days had elapsed since Prakash first took oath as minister and that he continued to hold office without being elected.
Taking note of the constitutional issue, the Bench directed that the matter be listed for hearing on August 4.
Challenge To Prakash's Appointment
The petition, filed by Rakesh Kumar Singh on May 30, seeks to have Deepak Prakash's appointment declared invalid, alleging that his continuation as minister amounts to a "fraud upon the Constitution."
During Thursday's hearing, Singh informed the court that although the Bihar government had sought time on July 15 to file its counter affidavit, it had failed to do so.
Prakash was first inducted into the Bihar Cabinet on November 20, 2025, under then Chief Minister Nitish Kumar. Following a change in government, he was reappointed on May 7, 2026, after Samrat Choudhary assumed office as Chief Minister.
Devesh Kumar's Resignation Sparks Speculation
Amid the legal scrutiny, BJP MLC Devesh Kumar resigned from the Bihar Legislative Council on Friday.
Political observers believe the resignation could facilitate Deepak Prakash's election to the Legislative Council, enabling him to retain his ministerial berth in the NDA government.
However, no official announcement has been made confirming that Prakash will contest the vacant seat.
'Matter Is Before The Supreme Court': Prakash
Responding to questions on Friday, Deepak Prakash refused to comment on the legal proceedings, citing the pending Supreme Court case.
"Since this matter is before the Supreme Court, it would not be appropriate to respond to it. All facts will be presented before the Supreme Court," he told ANI.
Deepak Prakash Skips MLC Race; Rashtriya Lok Morcha Chief Upendra Kushwaha Says NDA To Decide Ministerial TenureThe minister also dismissed speculation linking the Supreme Court proceedings with Devesh Kumar's resignation.
"You are linking two things actually, three things together: the Supreme Court issue, the resignation, and a third matter. However, there is no logical basis or formal information to link these three things; therefore, they should not be viewed as connected," he said.
The Supreme Court is expected to take up the matter on August 4, when the constitutional validity of Prakash's continuation as a minister is likely to come under detailed scrutiny.