Nitish Kumar, who was elected to the Rajya Sabha earlier this month, is likely to quit as a member of the Bihar legislature on March 30. As per the Constitution, when a member of a state legislature is elected to Parliament, they must resign within 14 days of the election. Nitish was elected to the Rajya Sabha on March 16 and, by law, must resign as an MLC by March 30.
Along with Kumar, BJP national president Nitin Nabin has also not yet resigned from the Bihar assembly as he rushed to Delhi for an important meeting.
“Both may resign on Monday, the last day, Nabin had some pressing engagement and it is no big deal” a party leader, HT reported earlier.
According to the Prohibition of Simultaneous Membership Rules, 1950 (under Articles 101/190 of the Constitution), a member elected to both Parliament and a State Legislature must resign from one within 14 days.
Meanwhile, Nitish's close aide, Sanjay Kumar Jha, said the same while speaking to reporters on Friday, but added that he did not know when the JD(U) supremo would relinquish the seat, according to news agency PTI.
{{/usCountry}}Meanwhile, Nitish's close aide, Sanjay Kumar Jha, said the same while speaking to reporters on Friday, but added that he did not know when the JD(U) supremo would relinquish the seat, according to news agency PTI.
{{/usCountry}}“It is stipulated in the Constitution that one should resign within 14 days. Things will happen accordingly,” Jha said when asked about reports that Kumar may step down as MLC on March 30. There is no confirmation whether Nitish will also resign as the chief minister after quitting as an MLC.
Additionally, serious deliberations were reportedly underway in both the Bharatiya Janata Party and the RSS for a replacement of Nitish Kumar, HT earlier reported, citing sources in the BJP.
Bihar is the only state in the Hindi heartland where the BJP has struggled over the years.
Some JD(U) leaders, however, indicated that any change of guard in Bihar could be deferred, citing provisions that allow a person to remain chief minister for up to six months without being a member of the state legislature, according to PTI.
Nitish has not spoken even on when he is going to take oath as the Rajya Sabha member.
(with inputs from Arun Kumar)