"JDU-RJD Alliance Fraud On Electorate": Plea In Patna HC Seeks Removal Of Nitish Kumar As State's Chief Minister

The PIL has been moved by Patna-based social worker Dharamsheela Devi through advocate Barun 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. J.D.(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.

"...when Respondent No.3 (Nitish Kumar) put his claim for reappointment as Chief Minister on 09.08.2022 rather the Respondent No.1 ought to have rejected the claim of Respondent No.3 being contrary to the constitutional scheme as there was no loss of the majority of NDA government on the floor of the house as on 09.08.2022 and there was no threat government being in minority...during the five year period of government, the government cannot come to an end unless it has lost the majority or upon completion of five year period of the legislature, the Chief Minister resigns. There is no third way to bring down the NDA government which was elected to power in 2020," the plea states.

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.

"...he was no longer qualified to reclaim chief ministership and to form the government with the support of other alliances. The Governor is under constitutional duty to oversee this constitutional crisis which he has not done. Therefore, the reappointment of Sh. Nitish Kumar as Chief Minister is absolutely unconstitutional," the Plea submits.

The Petitioner has said that the Governor should not have re-appointed Nitish Kumar under Articles 163 and 164 because he left the Majority side and formed the government with the Minority party, which the Constitution does not allow. This has damaged the basic feature of the Indian Constitution along with the parliamentary democratic system.

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.

"The Constitutional Scheme of a representative form of Government approves the coalition Government who have the mandate of people in the election results. It is the underlying principle that the mandate of the people in consonance with the constitutional scheme must prevail over and above the mandate of people which is not in consonance with the constitutional scheme. Thus, it is crystal clear that in the 2020 state elections, NDA had been given a majority in the house to form the government for five years. Therefore, unless there is an extraordinary situation created under the constitution, the government must continue till the next assembly election. This is the scheme of the constitution," the plea further submits

Thus, averring that Nitish Kumar and his party played a 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:

- 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.

- 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.