Patna High Court adjourns PILs challenging newly formed Nitish Kumar government

Terming the formation of the new government in Bihar as "unconstitutional", the petitions also stated that RJD being the party with maximum number of seats should have been called first by the Governor to form the government.

By: Express Web Desk | New Delhi | Updated: July 28, 2017 5:12 pm
Bihar government, Bihar new government, Patna HC on Bihar new government, Nitish Kumar, JDU BJP alliance, indian express news Patna High Court on Monday adjourned till Monday the hearing in two public interest litigations (PILs) challenging the formation of the new JD(U)-BJP government in the state.

The Patna High Court on Friday adjourned till Monday the hearing in two public interest litigations (PILs) challenging the formation of the new JD(U)-BJP government in the state, news agency PTI reported. The adjournment by a division bench comprising Chief Justice Rajendra Menon and Justice A K Upadhyay comes ahead of the crucial floor test that the Nitish government will go for in the Bihar Assembly.

While one PIL has been filed by RJD MLAs Saroj Yadav and Chandan Verma, the second is by Jitendra Kumar who is a member of the Samajwadi Party. The petitions state that the mandate Nitish Kumar got as the leader of the Grand Alliance in the 2015 state assembly elections was against the BJP and was for a period of five years.

Terming the formation of the new government as “unconstitutional”, the petitions also state that the RJD being the party with maximum number of seats should have been called first to form the government. However, after Nitish Kumar’s resignation from the CM’s post, the party was not given any such opportunity and Governor Keshari Nath Tripathi instead invited Nitish Kumar to form government, bypassing the constitutional provisions set in this regard, the PILs state further.

Kumar on Thursday was sworn in as the state’s chief minister for the second time in two years with Sushil Kumar Modi as his deputy. After resigning and breaking alliance with the RJD, the chief minister had stated his position had become “untenable” and that he was listening to the “voice of his conscience”.

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  1. A
    ASHOK
    Jul 28, 2017 at 5:02 pm
    Nithesh is the Benami of MODI
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    1. A
      Asish
      Jul 28, 2017 at 3:17 pm
      There is no where in cons ution or in any court order that it is mandatory to ask the largest party. Such a rule will by itself allow horse trading. It has to be the group which is the largest and can show and approach the Governor. If Tejaswi had mustered equal number of MLAs late at night when he went to meet the Governor he would have forced Governor to think again. Floor test is not a dynamic test that we are the largest party call us and show on the floor. The procedure is that you convince the Governor you have the number and Governor will call you to the Floor of the house. Why couldn't Tejaswi gave the numbers to Governor later at night or signature even before the swearing in ceremony. The reason was he never had those numbers. If Courts allow oath ceremony to be questioned how are Courts protecting law and the Cons ution. I don't think they can and will ever allow this RJD nonsense and for that matter which ever party is on the receiving side, even if it is BJP.
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      1. k
        k.madhukar
        Jul 28, 2017 at 6:31 pm
        Looks like the advice RJD got to file PILs must be from Lawyers who studied in Bihar and passed the examn copying from text books, as per the standard practice in Bihar
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      2. P
        Parth Garg
        Jul 28, 2017 at 1:57 pm
        The Court could hardly differ.
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        1. T
          TIHAEwale
          Jul 28, 2017 at 1:04 pm
          choron ki baraat aage aage Nitish peeche Feku56-Tadipaar Amit
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