Nitish Kumar left his MLC position following his Rajya Sabha election on March 16th. He had to do this to avoid holding two positions at once, and to make way for a new leader in Bihar. The resignation became official on March 30th, 14 days after the election, and has really increased the guessing game about who will replace him as Chief Minister.
Constitutional requirement behind the resignation
The ‘Prohibition of Simultaneous Membership Rules, 1950’, which come from Articles 101 and 190 of the Constitution, state that you can’t be a member of both Parliament and a state legislature at the same time. If you win a seat in both, you have to give up one of them within 14 days of the election, otherwise there will be legal and procedural problems.
Because Nitish Kumar was elected to the Rajya Sabha on March 16th, he had to give up his seat in the Legislative Council by March 30th. He officially resigned through Sanjay Gandhi, another MLC in the JD(U) party, sending the paperwork to the Council secretariat. He did this on time and didn’t break any part of the constitution.
Procedural developments and allied resignations
Vijay Kumar Chaudhary, a member of the Cabinet, said the resignation was just a necessary official step. People within the party also suggest that more decisions about Nitish Kumar’s current position might be made in the next few days, and they are planning to discuss things internally.
Nitin Nabin, a BJP leader who was also elected to the Rajya Sabha on March 16th, is also expected to resign from his seat in the Bihar Assembly soon. Sanjay Sarogi, the president of the BJP in the state, will likely submit Nabin’s resignation; it’s been held up because of urgent business in Delhi, but will be done as it’s legally required.
Leading contenders for Bihar Chief Minister post
Nitish Kumar’s resignation has caused a lot of talk about the next Chief Minister of Bihar. Samrat Choudhary, the Deputy Chief Minister and a leading figure in the BJP, is currently seen by many in the party as the most likely to get the job. He’s held important positions and has a lot of support in the BJP within the state.
Also being considered are Nityanand Rai (a prominent BJP leader with a lot of experience in organizing the party) and Dilip Kumar Jaiswal (who has been a member of the Legislative Council three times and used to lead the BJP in the state). Sanjiv Chaurasiya, a local MLA, and Nishant Kumar from the JD(U) who is fairly new to politics, are also being talked about within the parties.
Samrat Choudhary: BJP’s likely choice for continuity
Samrat Choudhary is thought of as someone who could keep the coalition working smoothly while also pushing the BJP’s plans for Bihar forward. His experience as Minister for Panchayati Raj and in charge of Home Affairs shows he can manage things and understands how the state government works.
BJP strategists think Choudhary can get different parts of the BJP to agree and can manage the relationship with the JD(U). Choosing him would show things are continuing as they are, but also allow for a reshuffle of the state cabinet and new people in leadership positions.
Other contenders and internal calculations
Nityanand Rai and Dilip Kumar Jaiswal represent different areas of power within the BJP in Bihar – Rai with his work in Parliament, and Jaiswal with his organizing of the party. Sanjiv Chaurasiya has appeal to people in the local areas, and Nishant Kumar shows the JD(U)’s attempt to bring forward new politicians.
The final decision will be based on how many seats each party in the coalition has, balancing the caste and areas of the state, and the overall political strategy for upcoming elections. Party insiders say that official announcements won’t happen until they have talked things over and gotten approval.
Political implications and expected timeline
Nitish Kumar giving up his MLC seat is a required step, but it is important politically. It starts a brief period where the ruling coalition needs to adjust and could lead to changes in what the Bihar government focuses on. People who watch these things believe decisions about the Chief Minister and other resignations will be made in the next few days.
Members of the Legislative Council and leaders in the parties will finalize the resignations and appointments, and then a new leader will be sworn in. We will likely know who will be in charge of Bihar and how the important jobs in the government will be divided within the next week.











