Patna: The Patna High Court on Monday dismissed a petition filed by Rashtriya Janata Dal (RJD) challenging governor's decision to invite Nitish Kumar to form the government.
A bench of chief justice Rajendra Menon and A K Upadhyay called the petition ‘frivolous’ and rejected petitioner's claim that the governor should have invited RJD to form the government being the single largest party.
Additional advocate general Lalit Kishore, who appeared on behalf of the state government, said that the court referred to various orders of the Supreme Court which established that the best place to settle such issues is on the floor of the house where Kumar proved his majority.
"The bench said there is no need to entertain the petition as the floor test has already taken place. RJD had the chance to show its strength during the floor test in which they failed," He said.
Kumar took oath on July 27 after snapping ties with RJD-Congress alliance and formed a new government with the help of BJP-led NDA.
He moved confidence motion the very next day which was passed with 131 votes vis-a-vis 108 against in the 243-member assembly.
The political landscape of Bihar changed in a matter of hours on June26th when Kumar formally staked claim to form the government with the backing of the BJP, marking his return to the NDA fold. He had resigned on Wednesday evening, citing the failure of his Mahagathbandhan allies — the RJD and the Congress — to act on demands of Tejashwi Yadav’s resignation.
Tejashwi, his father Lalu Prasad Yadav and mother Rabri Devi have been booked by the CBI in a corruption case that dates back to 2005 when Lalu was the Railway Minister.
"In the circumstances that prevail in Bihar, it became difficult to run the grand alliance government," Kumar told reporters after submitting his resignation to Governor Keshri Nath Tripathi.
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