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File photo of the Supreme Court.
The Supreme Court Monday issued notice on a plea challenging the appointment of Deepak Prakash as panchayati raj minister in Bihar for the second time without being elected as a member of the state legislature.
A bench of Chief Justice of India Surya Kant and Justice A Mohana issued notices to the state government, Election Commission, and Prakash on the petition by a Bihar resident, Rakesh Kumar Singh.
Prakash, who is the son of Rashtriya Lok Morcha (RLM) leader Upendra Kushwaha, was made minister of panchayati raj on November 20, 2025, in the then Nitish Kumar government, even though he was not a member of the Bihar Legislative Assembly (Vidhan Sabha) or the Bihar Legislative Council (Vidhan Parishad).
However, with a fresh council of ministers being constituted after Kumar stepped down and Samrat Choudhary became the chief minister, Prakash was once again made panchayati raj minister on May 7, 2026, though he was not a member of the state legislature.
Article 164(4) of the Constitution allows a non-member to remain a minister for six months, subject to getting elected as a member within that period.
The petitioner argued that this is a one-time opportunity and cannot be utilised every time there is a change of government. He had to get re-elected between November 20, 2025, when he was first sworn in, and May 20, 2026, the plea claimed.
Singh contended that the re-appointment was in circumvention of constitutional safeguards and undermines representative democracy.
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The plea urged the Supreme Court to declare Prakash’s reappointment and continuance in office unconstitutional, illegal, and void, and to restrain him from exercising powers vested in the ministerial office.
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