Press Trust Of India
Patna, Feb 11: In an apparent setback to Nitish Kumar, who is making a fresh bid to become Bihar Chief Minister, the Patna high court Wednesday stayed his recognition as the leader of the JD(U) legislature party in place of Chief Minister Jitan Ram Manjhi.
“We intend to examine the legal implications of the letter issued by in-charge secretary of the assembly (recognising Nitish Kumar as leader of JD(U) legislature party) so that the letter should have no legal consequences for a decision by the governor,” a bench of the high court said in its order. The court said it would hear the matter again a week later. The division bench of chief justice LN Reddy and Justice Vikash Jain gave the direction on a PIL filed by JD(U) MLA Rajeshwar Raj, who is siding with Manjhi. The court’s order could come in the way of Kumar’s immediate bid to claim chiefministership with the governor yet to take a decision on the claims and counterclaims of the two sides.
After a legislature party meeting Saturday, in which the JD(U) replaced defiant Chief Minister Manjhi as its legislature party leader, by electing Kumar in his place. A delegation of leaders including Kumar, RJD president Lalu Prasad, Congress and CPI, met Governor Kesari Nath Tripathi and pleaded that Kumar be called to form a new government.
Shortly thereafter, Manjhi also met the governor and claimed that he had the majority and that he would prove it in a trial of strength in the assembly at a time of the governor’s choosing.
The PIL filed by JD(U) MLA, a Manjhi supporter, in the high court challenged the legislature party meeting called by JD(U) national president Sharad Yadav Saturday which elected Kumar as its new chief. His counsel told the court Speaker Uday Narayan Chaudhry took the decision without receiving an advise from the governor. This amounted to usurping the power of the governor, counsel said.
Assembly secretary in-charge Hareram Mukhiya had issued a letter recognising Kumar as leader of the JD(U) Legislature Party on the basis of a letter by state party president Basistha Narayan Singh appending Yadav’s letter on election of Kumar as JD(U)LP leader in place of Manjhi. YV Giri, who appeared on behalf of assembly secretariat, argued that the PIL was not maintainable as it was a political question and not a legal question which the court should decide.
On this, the court said it intended to examine only the legal aspect of the letter. The HC order came on a day Kumar with his 130 supporting MLAs of JD(U), RJD, Congress, CPI etc were in Delhi to meet President Pranab Mukherjee to press his case for return to CM post.
