CM House turns into political arena, Nitish Kumar holds talks with leaders

Patna: (ABN) Political activities in Bihar have suddenly intensified again. On Sunday, top leaders and ministers unexpectedly visited Chief Minister Nitish Kumar's official residence at 1 Anne Marg in Patna, sparking various speculations in political circles.

Senior ministers of the Bihar government, Ashok Choudhary and Vijay Choudhary, as well as Union ministers Lalan Singh and Sanjay Jha, also visited the Chief Minister's residence. They were accompanied by Bijendra Yadav and senior leader Anant Singh, who met Nitish Kumar at his residence. The gathering of such high-profile leaders has become a topic of intense discussion in political circles.

After the meeting concluded, Chief Minister Nitish Kumar got into his bulletproof Fortuner and personally dropped off Vijay Choudhary, Lalan Singh, and Sanjay Jha at their respective residences in the same vehicle. He then returned to the CM's residence. So far, no official information has been released about the specific issues discussed during the meeting. However, the simultaneous presence of such senior leaders, whom the Chief Minister personally dropped off, is being seen as extremely significant from a political perspective.

Chief Minister Nitish Kumar will resign from his membership in the Legislative Council on March 30. According to the rules, after being elected to the Rajya Sabha on March 16, he is allowed to be a member of both houses for only 14 days. Janata Dal (United) national president Sanjay Jha said that Chief Minister Nitish Kumar will soon resign from the Bihar Legislative Council. Meanwhile, Mukama's influential MLA Anant Singh said that he made a strong effort to persuade Nitish Kumar, but he remained firm.

In fact, Chief Minister Nitish Kumar and Bharatiya Janata Party national president Nitan Naveen will take oath as members of the Rajya Sabha on April 10. Preparations for the oath-taking ceremony in the Rajya Sabha have already been completed. Along with these two important personalities, Ram Nath Thakur, Upendra Kushwaha, and Shevish Kumar will also take oath in the Rajya Sabha. Thus, Nitan Naveen and Chief Minister Nitish Kumar will take oath as members of the Rajya Sabha on April 10. However, they are being continuously appealed to stay in Bihar temporarily.

It is clear that after winning the Rajya Sabha election, Janata Dal (United) national president Nitish Kumar may remain the Chief Minister of Bihar until September 2026. The issue of his resignation from the top administrative post of the state may be delayed for the next six months. The favorable situation for Nitish Kumar has arisen due to Article 164(4) of the Constitution, which allows him to remain in office until September 2026, despite not being a member of the state legislature at the time of his appointment. As a result, leaders eyeing the Chief Minister's chair in Bihar may have to wait a few more months.

In fact, upon becoming a member of the Rajya Sabha, an elected member must vacate their membership in the state legislature within 14 days of being elected to the upper house. Nitish Kumar won the Rajya Sabha election on March 16. Therefore, he needs to resign as a member of the Legislative Council (MLC) by March 30. There are also reports that Chief Minister Nitish Kumar will resign from his MLC post on March 30. It is worth noting that Nitish Kumar is currently representing his party JD(U) as an MLC in the Bihar Legislative Council. In contrast, Nitan Naveen is a BJP MLA representing the Bankipore constituency in Patna.

Nitish Kumar benefits from the provisions of Article 164(4), which allows him to remain in office as Chief Minister until September 2026. The article states that a person who is not a member of the legislature at the time of their appointment must become a member of the legislative assembly or council within six months of taking office. Since Nitish Kumar is resigning from his MLC post, Article 164(4) will apply to him. Consequently, he can continue to work as Chief Minister for a period of six months without becoming a member of either house of the state legislature. Thus, Nitish Kumar's effective tenure has been extended until September 2026—he can remain Chief Minister for six months, even while serving as a member of the Rajya Sabha.

The Speaker of the Bihar Legislative Assembly, Dr. Prem Kumar, recently stated that under constitutional provisions, an individual can work as Chief Minister for a period of six months without being a member of either house of the legislature. However, if a member of one house is elected to the other house, they must resign from one of the houses within 14 days. In this context, since Chief Minister Nitish Kumar and Bharatiya Janata Party national president Nitan Naveen have both been elected to the Rajya Sabha, they need to resign by March 30. Nevertheless, Nitish Kumar's position as Chief Minister is secure until September 2026.

The Supreme Court made a landmark judgment in a case titled Kora vs. the State of Tamil Nadu. At the time, J. Jayalalithaa was appointed Chief Minister of Tamil Nadu despite not being a member of the legislative assembly, and she was also disqualified from contesting elections due to a prior conviction. The Supreme Court clearly ruled that the six-month provision under Article 164(4) applies specifically to individuals who are not members of either house but are otherwise "eligible" to become members. If an individual becomes completely ineligible to contest elections, they cannot work as Chief Minister or minister, even with the six-month grace period. Since Nitish Kumar faces no such obstacle, he can comfortably serve as Chief Minister until September 2026.