Legal Correspondent
On 7th September, 2021 the Court of Chief Justice of the Hon’ble Patna High Court witnessed a jam-packed webex meet when Senior Advocate Basant Kumar Chaudhary raised the issue of nomination of Politicians belonging to the ruling JD(U) and BJP alliance by the Governor of Bihar in the Bihar Vidhan Parishad. It was argued by the Petitioner that these appointments are in violation with the provisions of Article 171 (5) of the Indian Constitution. It was said that such politicians who could not win the elections are nominated in the Legislative Council by the Governor, making these appointments political which is in contravention with the abovementioned provision.
Article 171 (5) says:
“The members to be nominated by the Governor under sub clause (e) of clause ( 3 ) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: Literature, science, art, co operative movement and social service.”
The Hon’ble Court decided to hear the matter on merits and decide whether a Political Person can be included within the purview of Social Service or not?
Adv Nirbhay Prashant argued that in the Constituent Assembly Dr. B.R. Ambedkar himself had said that, “…nominated and elected members are different and a nominated member cannot be appointed as a minister…”
After hearing the argument for sometime, the Hon’ble Court adjourned it for next hearing on 13.09.2021.
List of members whose nomination has been challenged:
Sri Janak Ram,
Sri Ashok Chaudhary
Sri Upendra Kushwaha,
Prof. (Dr.) Ram Bachchan Ram,
Sri Sanjay Kumar Singh
Sri Lalan Kumar Sarraf
Prof (Dr.) Rajendra Prasad Gupta
Sri Sanjay Singh
Sri Devesh Kumar
Dr. Pramod Kumar
Sri Ghanshyam Thakur
Smt. Nivedita Singh
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