The Supreme Court has issued notices to the Election Commission of India, Bihar panchayati raj minister Deepak Prakash, and the Bihar government over a petition challenging Prakash's reappointment as a minister despite not being an elected member of the state legislature.
A bench comprising Chief Justice of India Surya Kant and Justice V Mohana issued the notices on a plea filed by Bihar resident Rakesh Kumar Singh, who contends that Prakash's reappointment is unconstitutional and violates Article 164(4) of the Constitution.
The petition alleges that Prakash had already utilised nearly four months and 26 days of the six-month period contemplated under Article 164(4) from the date of his original appointment, leaving only a little over a month before the constitutional deadline expired.
The Supreme Court has previously held that the provision cannot be used as a device to repeatedly appoint a non-legislator without securing an electoral mandate.
The case is likely to be heard next on July 15.
