BJP MLC Devesh Kumar resigns, paving way for Minister Deepak Prakash in Bihar Council
Synopsis
A coordinated BJP resignation in Bihar's Upper House has resolved what was becoming an acute constitutional crisis. Panchayati Raj Minister Deepak Prakash, who holds no legislative seat, faced a six-month deadline under Article 164(4) — and with the Supreme Court already involved, the ruling NDA moved swiftly to create a vacancy for him.
Key Takeaways
BJP MLC Devesh Kumar resigned from the Bihar Legislative Council on 31 July , creating a vacant Upper House seat.
Panchayati Raj Minister Deepak Prakash is reportedly set to be nominated for the vacant seat.
Under Article 164(4) of the Constitution, a minister must secure legislative membership within six months of appointment.
The issue had reached the Supreme Court , which had asked the Bihar government to respond.
BJP State President Sanjay Saraogi was present when Devesh Kumar submitted his resignation to the Council Chairman.
An official announcement on Deepak Prakash's candidature is still awaited.
Bharatiya Janata Party (BJP) MLC Devesh Kumar resigned from his seat in the Bihar Legislative Council on Friday, 31 July, setting in motion a political manoeuvre that could resolve a months-long constitutional question surrounding Panchayati Raj Minister Deepak Prakash. Preparations are reportedly underway to nominate Prakash for the now-vacant Upper House seat.
How the Resignation Unfolded
Devesh Kumar arrived at the Bihar Legislative Council through the back entrance on Friday evening and submitted his resignation to the Chairman. Several senior BJP leaders were present at the time, including BJP State President Sanjay Saraogi, signalling that the move was coordinated at the party's highest levels in the state.
The Constitutional Pressure Behind the Move
The resignation is widely seen as a direct response to a constitutional deadline bearing down on the Bihar government. Under Article 164(4) of the Constitution, a minister who is not a member of either House of the state legislature must secure legislative membership within six months of being appointed. Deepak Prakash, currently serving as Panchayati Raj Minister in the Bihar government, holds no seat in either the Legislative Assembly or the Legislative Council. Opposition parties had repeatedly raised the issue, and the matter had reportedly reached the Supreme Court, where the state government was asked to respond.
What Happens Next
With the seat now vacant, the ruling National Democratic Alliance (NDA) in Bihar appears to have found a constitutional route to regularise Prakash's ministerial position. He is expected to be fielded for the vacant seat, subject to the formal nomination and election process. An official announcement regarding his candidature is still awaited.
Political Reactions
The opposition has maintained that constitutional requirements must be strictly adhered to, while the ruling NDA has asserted that all necessary steps would be taken in accordance with the law. Political observers view Devesh Kumar's resignation as a significant development for the Bihar government, one that clears a path that had become increasingly difficult to ignore. If Prakash is elected to the Legislative Council, it would formally resolve the constitutional issue and give him a recognised place in the state legislature.
Point of View
And whether the opposition's constitutional objections — however politically motivated — were substantively correct all along.
NationPress
31 Jul 2026
Frequently Asked Questions
Why did BJP MLC Devesh Kumar resign from the Bihar Legislative Council?
Devesh Kumar resigned on 31 July to create a vacant seat in the Bihar Legislative Council for Panchayati Raj Minister Deepak Prakash, who currently holds no legislative membership. The move is seen as a coordinated BJP effort to resolve a constitutional deadline facing Prakash.
What is the constitutional issue surrounding Minister Deepak Prakash?
Under Article 164(4) of the Indian Constitution, a minister who is not a member of the state legislature must secure membership of either House within six months of appointment. Deepak Prakash, serving as Bihar's Panchayati Raj Minister, had not secured such membership, making his continued tenure constitutionally questionable.
Has the Supreme Court been involved in this matter?
Yes, the matter had reportedly reached the Supreme Court, where the Bihar state government was asked to respond to questions about Deepak Prakash's ministerial status without legislative membership.
What happens after Devesh Kumar's resignation?
The vacant seat in the Bihar Legislative Council is expected to be filled through a formal nomination and election process, with Deepak Prakash reportedly set to be fielded as the candidate. An official announcement is still awaited.
What has the opposition said about this development?
Opposition parties have insisted that constitutional requirements must be strictly followed. They had been repeatedly questioning how Deepak Prakash could continue as a minister without legislative membership, and the issue had become a sustained political pressure point against the ruling NDA.
