Patna: BJP Member of the Legislative Council (MLC) Devesh Kumar has resigned from the Bihar Legislative Council, creating a vacancy that is expected to enable minister Deepak Prakash to become a member of the House and continue in the state Cabinet.
Devesh Kumar submitted his resignation to the Chairman of the Bihar Legislative Council on Friday. The move is expected to allow the ruling alliance to nominate Deepak Prakash to the Upper House in the coming days.
The development assumes significance because Deepak Prakash, who is currently serving as a minister in the Bihar government, is not a member of either the Legislative Assembly or the Legislative Council. Under constitutional provisions, a minister who is not a legislator must become a member of either House within six months of taking office or cease to hold ministerial office.
Supreme Court Scrutiny
The resignation follows proceedings in the Supreme Court on Thursday, during which the Bench questioned the state government over how Deepak Prakash was continuing as a minister despite not being a member of the legislature.
Following Devesh Kumar’s resignation, the government is expected to expedite the process of nominating Deepak Prakash to the Legislative Council.
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Devesh Kumar’s Political Journey
Born on August 30, 1964, in Mohammadpur Devpat village of Pusa block in Samastipur district, Devesh Kumar is the grandson of freedom fighter and farmer leader Yamuna Karji.
He studied at St Michael’s High School in Patna and St Xavier’s College in Ranchi before completing postgraduate and MPhil degrees.
Before entering active politics, Devesh Kumar worked as a journalist, covering political and social affairs. He later joined the BJP, where he held several organisational responsibilities, including serving as the party’s Bihar state general secretary.
He became a member of the Bihar Legislative Council on March 17, 2021, under the Governor’s nomination quota and represented the BJP in the Upper House until his resignation.
Constitutional Requirement
The Constitution requires a person appointed as a minister without being a member of the legislature to secure membership of either House within six months.
With Devesh Kumar vacating his seat, the government is expected to complete the formal process of sending Deepak Prakash to the Bihar Legislative Council in the coming days, allowing him to continue as a minister.
