'Post- Poll Alliance Subject To Certain Conditions Permissible' : Supreme Court Rejects PIL Challenging Re-appointment Of Nitish Kumar As Bihar CM

Post- poll alliance subject to certain conditions is permissible, the Supreme Court observed while dismissing a writ petition seeking removal of Nitish Kumar from the post of Chief Minister of Bihar.

One Chandan Kumar had approached the Apex Court contending that post-poll alliance or coalition by Nitish Kumar and his political party JD(U) with Mahagathbandhan is fraud on the electorate. He contended that citizens are denied of stable governments due to horse-trading and corrupt practices.

He also sought following directions from the court:

(1) Issuance of a writ of quo-warranto against Respondent No.3 (Nitish Kumar) who has been appointed/reappointed Chief Minister of Bihar on 10.08.2022 and remove him from the office of Chief Minister as the same is in complete violation of different provisions of Constitution of India;

(2) Declare that post-poll alliance or coalition by Respondent No.3 and his political party JD(U) with Mahagathbandhan is fraud on the electorate;

(3) Pass such direction to the political parties who are indulging in horse-trading and corrupt practices due to which the citizens are denied of stable governments;

(4 )direct the Parliament to make proper legislation so that pre-poll alliance are not disintegrated by the money and power hungry leaders who completely alienate their party's political program in order to meet their personal goals. 

(5) direct the Parliament to amend Schedule-X of the Constitution of India in order to address the defection by the pre-poll alliance parties.

"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. Hence, there is no substance in the present writ petition which deserves to be dismissed" , the bench of Justices MR Shah and MM Sundresh observed while dismissing the writ petition.

Nitish Kumar's Resignation and Reappointment as CM

In August, ending his party's alliance with the BJP, Janata Dal (United) leader Nitish Kumar resigned as Bihar Chief Minister. Later, he staked claim to form a new government with the RJD, the Congress and other parties. on 10th August, he took the oath as the Chief Minister of Bihar for the 8th time.

Case details

Chandan Kumar vs Union of India | 2022 LiveLaw (SC) 947 | WP(C) 772/2022 | 7 Nov 2022 | Justices MR Shah and MM Sundresh

For Petitioner(s) Chandan Kumar, Petitioner-in-person Mr. Vimal Johnson Kerketta, Adv. Saloni Sharan, Adv. Mr. Kumar Rajeev, Adv. Mr. Dharmsheela, Adv. Ms. Kumudini Priyadarshini, Adv.

Headnotes

Constitution of India, 1950 ; 10th Schedule - Anti Defection Law - Post- Poll alliance subject to certain conditions is permissible.

Click here to Read/Download Order