Plea in Patna HC Seeks Removal of Nitish Kumar as State’s Chief Minister[JDU-RJD Alliance Fraud on Electorate]

Sowmiya Rajendrakumar Published on: 19 August, 2022 at 22:16 IST A Public Interest Litigation (PIL) Petition has been filed in the Patna High Court seeking the removal of Bihar CM Nitish Kumar from the post of Chief Minister claiming that his appointment is in complete violation of different provisions of the Constitution of India The PIL has been moved by Patna-based social worker Dharamsheela Devi through advocate Barn Kumar Sinha which also challenges the decision of the post-poll alliance/coalition (with RJD) taken by Nitish Kumar (Respondent No.3) and his political party i.e. JD(U). It may be noted that Bihar Chief Minister Nitish Kumar on August 9 ended his party Janata Dal (United)’s alliance with the Bharatiya Janata Party (BJP) and decided to enter into a Grand Alliance with the Rashtriya Janta Dal (RJD)-led bloc which also comprises of Congress and Left parties . The instant plea states that the people of the State had given a mandate to the N.D.A. [JD(U)+BJP] for five years, however, due to the impugned action of Nitish Kumar, an ‘injury’ had been caused to the Parliamentary Democratic System as well as to the basic feature of Indian Constitution. The plea further challenges the decision of the Governor of the State, Phagu Chauhan as it states that he failed to exercise his discretion as stipulated in Articles 163 and 164 of the Constitution of India. Further, the plea contends that it was a clear case of not only fraud with the people of the state but fraud on the constitution by Nitish Kumar and his party, Janata Dal( United) as, the plea adds, the mandate was given to the NDA government and not to the Grand Alliance government. The plea submits that the new government formed by Nitish Kumar is without any qualified right as the moment he resigned on his own and his resignation was accepted by Respondent the Governor, he ceased his political right either under Representation of Peoples Act, 1951 or under the constitution of India to become the CM. It has been further stated in the plea that Nitish Kumar and JDU induced the members of Mahagathbandhan to support them to become Chief Minister and in return, they paved way for those who were defeated by NDA in the legislative assembly elections 2020, to become the part of the incumbent government. Thus, averring that Nitish Kumar and his party played pivotal role in forming an unconstitutional government by keeping away the remaining partners of NDA, particularly the largest NDA partner i.e. Bhartiya Janta Party, and inducting those who were rejected by the people, the plea prays for the following reliefs: 1. Issuance of a writ of quo-warranto against Respondent No.3 (Nitish Kumar) who has been appointed/reappointed as Chief Minister of Bihar by Respondent No.1 (Governor Bihar) on 10.08.2022 and remove him from the Office of Chief Minister as the same in complete violation of different provisions of Constitution of India. 2. Declare that post-poll alliance or coalition by Respondent No.3 (Nitish Kumar) and his political party i.e. J.D. (U) with Mahagathbandhan is fraud on the electorate.