SC to hear plea challenging appointment of Bihar minister

The Supreme Court on Monday sought responses from the Bihar government and others on a petition challenging the re-appointment of Deepak Prakash as a minister in the state.

Prakash was recently appointed Panchayati Raj minister in the Bihar Cabinet headed by Chief Minister Samrat Choudhary, even though he is neither an elected member of the Bihar assembly nor the state legislative council.

“What is the current position,” a bench of Chief Justice Surya Kant and Justice V Mohana asked the counsel appearing for petitioner Rakesh Kumar Singh.

The counsel said Prakash is still a minister.

“Issue notice,” the bench said while agreeing to hear the petition.

The top court sought responses from the Bihar government, Prakash and the Election Commission of India on the plea.

It posted the matter for hearing in July after the apex court will resume normal functioning after the partial court working days.

The plea has contended that Prakash was inducted into the Bihar Cabinet led by then Chief Minister Nitish Kumar on November 20, 2025, despite not being a member of either the Bihar Legislative Assembly or the Legislative Council.

It has referred to Article 164 (4) of the Constitution, which says that “a minister who for any period of six consecutive months is not a member of the legislature of the state shall at the expiration of that period cease to be a minister”.

The plea said that on May 7, 2026, Prakash was re-appointed as a minister in the Samrat Choudhary-led government despite neither being a member of the Bihar Assembly nor the legislative council.