Bihar politics witnessed a major development on Friday. Bharatiya Janata Party (BJP) Legislative Council Member (MLC) Devesh Kumar resigned from his post. Political circles are considering this a welcome relief for Panchayati Raj Minister Deepak Prakash . There is talk that Deepak Prakash, Upendra Kushwaha’s son and current minister, could be elected to the Legislative Council to fill the vacant seat.
Devesh Kumar’s term was until March 2027, but he submitted his resignation ahead of schedule. According to reports, he arrived at the Legislative Council on Friday and went directly to the Chairman’s chamber to submit his resignation. This has sparked speculation that Deepak Prakash could be offered his seat.
Deepak Prakash is currently the Minister of Panchayati Raj in the Bihar government, but he is neither a member of the Legislative Assembly nor the Legislative Council. According to the Constitution, a person must become a member of the Legislative Assembly or Legislative Council within six months of becoming a minister. Failure to do so would be constitutionally impossible.
In such a situation, after the resignation of Devesh Kumar, the way seems to be opening for Deepak Prakash to reach the Legislative Council, due to which his ministerial post can also be safe.
The case is going on in the Supreme Court
The matter regarding Deepak Prakash’s ministerial position is currently pending in the Supreme Court. The petition states that Deepak Prakash first became a minister on November 20, 2025. Later, after the government’s resignation, he was sworn in again on May 7, 2026 .
The petitioner argues that the six-month term prescribed for a ministerial position under the Constitution cannot be restarted. Therefore, his continuing as a minister without being a member of either House is contrary to constitutional provisions.
The Supreme Court has sought responses from the Bihar government, Deepak Prakash, and the Election Commission in this matter. The court also questioned how Deepak Prakash remained a minister for more than six months when he is not a member of either House. All eyes are now on whether Deepak Prakash will be nominated for the Legislative Council seat vacated by Devesh Kumar’s resignation, as this decision could impact his ministerial future.