SC rejects plea against appointment of Bihar CM, says post-poll alliance conditionally permissible, Legal News, ET LegalWorld – Legal Firms


The Supreme Court has dismissed a petition challenging the appointment of Nitish Kumar as chief minister of Bihar after his party forged a new alliance in August, saying post-poll alignments subject to certain conditions is permissible under the anti-defection law. A bench of justices M R Shah and M M Sundresh passed the order while hearing a plea that had sought to declare that post-poll alliance formed by Kumar and his party JD (U) with the ‘Mahagathbandhan’ (a grand alliance of the RJD, Congress and Left parties) in Bihar is a “fraud” on the electorate.

The plea, filed by a resident of Muzaffarpur in Bihar, had sought to remove Kumar from the office of the chief minister claiming his appointment was in “complete violation” of some provisions of the Constitution.

“However, it is required to be noted that under the provisions of the anti-defection law and even the 10th Schedule, post-alliance subject to certain conditions is permissible,” said the bench in its order passed on November 7.

“Hence, there is no substance in the present writ petition which deserves to be dismissed and is, accordingly, dismissed,” it said.

The petition had sought a direction to Parliament to make a proper legislation so that pre-poll alliances are “not disintegrated by the money and power hungry leaders” who completely alienate their party’s political programme in order to meet their personal goals.

On August 10, Nitish Kumar was sworn in as Bihar’s chief minister a day after quitting – ostensibly over a row with coalition partner BJP – and is now governing in alliance with his former rivals in RJD and Congress.

Kumar, who heads the JD(U), took oath for a record eighth time.


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