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Nation / Mon, 08 Jun 2026 Bar and Bench

Plea in Supreme Court challenges Deepak Prakash's reappointment as Bihar Minister despite remaining unelected

The petition has sought directions calling upon Prakash to explain the legal and constitutional basis on which he continues to hold the office of Bihar's Panchayati Raj Minister. It has also sought a declaration that his reappointment on May 7 and his continuance in office are unconstitutional, illegal and contrary to Article 164(4) of the Constitution. Article 164(4) permits a non-legislator to be appointed as a minister only as a temporary exception and requires such a person to secure membership of the State Legislature within six consecutive months. Failing this, the minister must cease to hold office.

The petition has sought directions calling upon Prakash to explain the legal and constitutional basis on which he continues to hold the office of Bihar's Panchayati Raj Minister.

It has also sought a declaration that his reappointment on May 7 and his continuance in office are unconstitutional, illegal and contrary to Article 164(4) of the Constitution.

Article 164(4) permits a non-legislator to be appointed as a minister only as a temporary exception and requires such a person to secure membership of the State Legislature within six consecutive months. Failing this, the minister must cease to hold office.

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