Bihar Chief Minister Nitish Kumar and BJP national President Nitin Nabin will have to resign from their respective seats in the Bihar legislature by March 30, in accordance with constitutional provisions, following their election to the Rajya Sabha. Both leaders were elected to the Upper House of Parliament on March 16.
Under Article 101(2) of the Constitution of India, an individual cannot simultaneously remain a member of Parliament and a state legislature. Additionally, Section 69 of the Representation of the People Act, 1951 mandates that an elected representative must vacate one of the two seats within 14 days of the declaration of results, failing which their seat in the state legislature is automatically vacated.
Sources indicate that March 27, on the occasion of Ram Navami, and March 28 are the likely dates when the resignations may be submitted, as they fall within the ongoing ‘kharmas’ period, during which auspicious activities are generally avoided.
Despite the impending resignation from the legislature, Kumar is not required to step down as chief minister immediately. As per constitutional provisions, he can continue in office for up to six months without being a member of either House of the state legislature. Currently, he serves as a member of the Bihar Legislative Council, having taken oath on May 7, 2024, with his tenure extending until May 6, 2030.
A close aide of the chief minister and state water resources minister, Vijay Kumar Choudhary, confirmed that while Kumar must choose between the two Houses by the deadline, there is no immediate compulsion for him to resign as chief minister. He added that the timing of any leadership transition or formation of a new government would be decided by Kumar in consultation with the NDA leadership.
Meanwhile, speculation is growing within the NDA regarding a possible leadership change in Bihar. Sources suggest that the next chief minister could come from the BJP, the largest party in the 243-member Assembly with 89 seats. Among the frontrunners are Deputy Chief Minister Samrat Choudhary and Union Minister of State for Home Nityanand Rai, although the party is known for making unexpected choices.
At the same time, voices within the Janata Dal (United) are pushing for Kumar’s son, Nishant Kumar, to be considered for the top post. Nishant, who formally joined the party on March 8, has already begun stepping into public roles, recently attending Eid prayers at Gandhi Maidan in Patna in place of his father.
With key decisions pending, all eyes are now on the NDA leadership and Kumar for the next course of action in Bihar’s evolving political landscape.
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