Supreme Court rejects petition challenging Nitish’s reappointment as CM

New Delhi, November 12

The Supreme Court (SC) has dismissed a PIL seeking removal of Bihar Chief Minister Nitish Kumar for alleged violation of various provisions of the Constitution and dumping his pre-poll ally BJP, saying a

post-poll alliance was allowed under the anti-defection law, subject to certain conditions.

“It is required to be noted that under the provisions of the anti-defection law and even the 10th Schedule, post-alliance subject to certain conditions is permissible,” a Bench led by Justice MR Shah said.

“Hence, there is no substance in the present writ petition,” it said, dismissing the petition filed by Chandan Kumar, who wanted the top court to declare that the post-poll alliance ‘Mahagathbandhan’ between Janata Dal (U) with Rashtriya Janata Dal was a “fraud” on the electorate.

The petitioner was aggrieved by the fact that Janata Dal (U), which had won the 2020 Assembly polls in alliance with the BJP, dumped the saffron party and went on to form a new alliance with the RJD.

He wanted the top court to direct Parliament “to make proper legislation so that pre-poll alliances are not disintegrated by the money and power hungry leaders who completely alienate their party’s political programme in order to meet their personal goals”.

Meanwhile, the ruling Mahagathbandhan on Saturday announced the candidature of senior JD(U) leader Manoj Kushwaha for the byelection, scheduled on December 5, to the Kurhani Assembly seat in Muzaffarpur district.The bypoll to the Kurhani seat was necessitated following the disqualification of Anil Sahni who has been convicted and sentenced to three years in jail in a case of fraud probed by CBI.