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The Hindu·3 min read·hard

Bihar BJP MLC resigns, unelected RLM leader Deepak Prakash may be elected in his place to remain Minister

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Amarnath Tewary
Bihar BJP MLC resigns, unelected RLM leader Deepak Prakash may be elected in his place to remain Minister
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A Bihar BJP MLC has resigned to allow unelected Minister Deepak Prakash to secure a legislative seat, following Supreme Court pressure regarding constitutional term limits. The move aims to resolve a legal challenge concerning the validity of Prakash's ministerial appointment.

Why it matters

This situation highlights the intersection of constitutional law and political maneuvering in Indian state governance.

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A day after the Supreme Court rapped the Bihar government for keeping an unelected Minister, Deepak Prakash, beyond six months, the ruling party BJP’S MLC Devesh Kumar on Friday (July 31, 2026) resigned from his position. Mr. Prakash might be elected in his place to remain a Minister in the ruling NDA cabinet. Mr. Prakash was the State’s Panchayati Raj Minister since November 20, 2025, without being a member of either house of the State Legislature.

Earlier, on May 30, 2026, a petition in the Supreme Court was filed by Rakesh Kumar Singh seeking Mr. Prakash’s appointment as Minister be declared “invalid”. The petition further alleged Mr. Prakash’s appointment as “fraud upon the constitution”.

Hearing the petition, the apex court on July 30, had rapped the State government, asking how could an unelected member be a Minister in the government even after six months.

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