Patna HC rejects petitions challenging formation of Nitish-led NDA govt in Bihar
The Patna high court has rejected two PILs challenging the formation of new government in Bihar.india Updated: Aug 01, 2017 07:27 IST
The Patna high court on Monday dismissed petitions challenging the validity of new Nitish Kumar government in Bihar, dealing a blow to the RJD that was hoping for legal relief after being dumped by the Janata Dal (United).
There was no need for the court to intervene after the government had proved its majority on the floor of the house, a division bench of chief justice Rajendra Menon and justice Anil Kumar Upadhyay said.
RJD MLAs Saroj Yadav and Chandan Kumar and a former village head, Deo Narayan, had filed two separate public interest litigations, saying the governor should have first invited the RJD, which was the largest party in the assembly with 80 MLAs, to form the government.
The new government was unconstitutional, they said. The petitioners also said the mandate in the 2015 Bihar assembly polls was given to the Grand Alliance of the JD(U), RJD and Congress against the BJP and it was to rule for five years.
The petitions were filed on July 27, a day after Kumar walked out of the ruling coalition to join hands with the BJP, reviving his party’s ties with the National Democratic Alliance.
The court had on July 28 listed the petitions for hearing on Monday.
The 66-year-old Kumar sailed through the trust vote the same day, getting the support of 131 members in the 243-strong assembly.
Terming the petitions “frivolous”, advocate general Lalit Kishore said a floor test had been conducted and the government had proved its majority.
While staking claim to the government, Kumar had submitted a list of 131 MLAs who were supporting him. The RJD had not given any such list to the governor, the state’s top legal officer said.
There was no need for the court to intervene after the government had proved its majority on the floor of the house, a division bench of chief justice Rajendra Menon and justice Anil Kumar Upadhyay said