The bench issued notice to the ECI, Prakash, the Bihar government and the cabinet secretary on a plea challenging minister’s reappointment and continuance under Article 164(4) of the Constitution
The Supreme Court on Monday sought responses from the Election Commission of India (ECI) and Bihar Panchayati Raj Minister Deepak Prakash on a petition questioning his continuance in office despite not being an elected member of either House of the state legislature.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justice V Mohana issued notice to the ECI, Prakash, the Bihar government and the cabinet secretary on a plea filed by Bihar resident Rakesh Kumar Singh challenging the minister’s reappointment and continuance under Article 164(4) of the Constitution.
The case is likely to be heard next on July 15.
The petition, filed under Article 32 through advocate-on-record Sanya Kaushal and drawn by advocate Sudeep Chandra, seeks a writ of quo warranto questioning the authority under which Prakash continues to hold ministerial office. It challenges his reappointment on May 7, 2026, as being contrary to Article 164(4) of the Constitution.
Article 164(4) permits a person who is not a member of the state legislature to be appointed a minister, but only for six consecutive months. If the person fails to get elected to either House of the legislature within that period, he ceases to be a minister. 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.
