Patna: In a significant political development aimed at defusing a brewing constitutional crisis, Bihar BJP vice-president and party’s in charge for Mizoram, Devesh Kumar, on Friday resigned as a member of the legislative council (MLC). The move is strategically designed to facilitate the legislative entry of state’s panchayati raj minister Deepak Prakash, thereby safeguarding his threatened ministerial berth.Kumar, a nominated MLC whose term was scheduled to end on March 16 next year, submitted his resignation at Vidhan Parishad secretariat in the presence of state BJP president Sanjay Saraogi. He had been nominated to the council under the governor’s quota.The resignation came after the Supreme Court questioned the Bihar govt over the legality of Prakash remaining a minister without being elected or nominated to either House of the legislature within the constitutionally mandated period. A bench headed by Chief Justice of India Surya Kant sought an explanation from the state on how Prakash could continue in the cabinet despite not becoming an MLA or MLC.“Following the development in the Supreme Court in the matter of Deepak Prakash, the question before the NDA was how to accommodate the alliance partner. And, there was a commitment from the BJP to its ally (the Rashtriya Lok Morcha). So, I volunteered and I told the party leadership that I am willing to quit,” Kumar told TOI over phone after submitting his resignation.NDA sources said Prakash, son of Rashtriya Lok Morcha (RLM) national president Upendra Kushwaha, is likely to take oath as an MLC within a few days, with the state govt initiating the process for his early entry into the council. A cabinet meeting has been convened on Saturday to recommend Prakash’s name to the governor for the seat vacated by Kumar, they said. Once the recommendation is sent, the governor is expected to nominate him under his quota.Observers said the move reflects the BJP’s urgency to settle the issue before the Supreme Court verdict. Under constitutional provisions, a minister who is not a member of the legislature must secure membership within six months of appointment.The controversy stems from a PIL filed by social whistleblower Rakesh Kumar Singh, challenging the constitutional validity of Prakash’s tenure. The petition said Prakash was inducted into the Nitish Kumar-led cabinet on Nov 20, 2025, served until the govt dissolved on April 15, 2026, and was reappointed on May 7, 2026, in chief minister Samrat Choudhary’s new govt.The move protects Prakash’s ministerial berth, honours the BJP’s commitment to the RLM and helps shield the ruling coalition from further judicial embarrassment, sources added.
