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

A petition has been filed before the Supreme Court challenging the reappointment of Bihar Panchayati Raj Minister Deepak Prakash, who continues to hold ministerial office despite not being a member of either House of the State Legislature [Rakesh Kumar Singh v. State of Bihar & Ors]

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.

According to the petition, Prakash, who is a leader of the Rashtriya Lok Morcha (RLM), was first sworn in as Panchayati Raj Minister on November 20, 2025, in the Nitish Kumar-led government despite not  being an elected member of either the Bihar Legislative Assembly (Vidhan Sabha) or the Bihar Legislative Council (Vidhan Parishad).

The petition states that the six-month constitutional clock under Article 164(4) began running from that date and was set to expire around May 19, 2026.

The political situation, however, changed in April 2026 when Nitish Kumar resigned and the council of ministers stood dissolved.

Samrat Choudhary was subsequently sworn in as Chief Minister on April 15, 2026. During a 22-day interregnum, Prakash held no ministerial office.

The challenge, therefore, arises from Prakash's reappointment as Panchayati Raj Minister on May 7, 2026, in the newly expanded Choudhary Cabinet, even though he has not secured election to either House of the Bihar Legislature.

According to the petition, the government cannot bypass the constitutional limit by breaking up a minister's tenure and reappointing the same person after a brief gap.

Such an exercise amounts to a colourable exercise of constitutional power designed to achieve indirectly what cannot be done directly, the plea states.

It further argues that the case is not merely about Deepak Prakash's appointment but about safeguarding parliamentary democracy, constitutional accountability and the limits of executive power under the Constitution.

The plea has been filed by Rakesh Kumar Singh through advocate Sanya Kaushal.

It has been drawn by advocate Sudeep Chandra.