CM Nitish Kumar still has time to resign till March 30, says Bihar Assembly Speaker

In an unusual development, Bihar Legislative Assembly Speaker Prem Kumar on Friday made a political statement saying that Chief Minister Nitish Kumar still has time to resign from the post till March 30, 2026.

The Speaker made the statement while speaking to the media in Patna. Mr. Prem Kumar, from the Bharatiya Janata Party (BJP), justified the statement by quoting the Prohibition of Simultaneous Membership Rules, 1950, framed under Article 101 of the Constitution, which prohibits simultaneous membership in both Parliament and State Legislature.

Mr. Nitish Kumar, who is currently a Member of the Bihar Legislative Council, has already secured victory in the Rajya Sabha election held on March 16. The Speaker said that, as per the rule, the Chief Minister has to resign from the State Legislature within 14 days of being elected to Parliament.

Despite moving to Rajya Sabha, the Bihar CM has not uttered a word on this matter during the five phases his Samriddhi Yatra which ended in Patna on March 26.

Recently Rajya Sabha election was held, in which our Chief Minister [Nitish Kumar] and our [BJP] national president [Nitin Nabin] were elected. As per rules, one has to resign within 14 days as a Member of either House of the State Legislature [after being elected as an MP]. After resigning, he will have to inform the Election Commission. This is the tradition and set rules of the Constitution,” Mr. Prem Kumar said.

He added, “Looking at this, today is the 27th of March, and the Chief Minister has time till 30th of March to resign. Nitish ji will resign from the Council, similarly Nitin Nabin ji will resign as Member of the Legislative Assembly and both will take oath as Members of Rajya Sabha.”

Mr. Prem Kumar, however, also mentioned Article 164 (4) of the Constitution which allows a person to be appointed Chief Minister or Minister for up to six months without being a Member of the State legislature.

“Yes, there is also provision to continue as CM for up to six months, and after that he has to either go for the Assembly election or become a Member of the Council,” Mr. Prem Kumar said.

During the Samriddhi Yatra, the Bihar CM addressed 32 public meetings covering 32 districts but nowhere mentioned about moving to the Rajya Sabha or resigning as CM.

However, he did give an indication that after him, Deputy Chief Minister Samrat Choudhary could be the successor.

When a similar question was asked to Janata Dal (United) leader and Bihar Rural Development Minister Sharwan Kumar last week, he said that Mr. Nitish Kumar can remain in the post for the next six months, despite being elected to the Rajya Sabha.

Opposition Rashtriya Janata Dal (RJD) spokesperson Ejaz Ahmad criticised the Speaker for issuing a political statement.

“He must maintain dignity while being in the post of Assembly Speaker. He is supposed to act above the party line, not as a member of a political party. He is sitting on a Constitutional post and such acts lower the very essence and spirit of the Constitution. His remarks prove how much the BJP is in a hurry to grab the CM post,” Mr. Ahmad said.

Earlier this week, Leader of the Opposition Tejashwi Yadav had alleged that Mr. Nitish Kumar was not interested in moving to the Rajya Sabha but the BJP was sending him there forcefully.

Meanwhile, Mr. Nitish Kumar and Mr. Nitin Nabin, along with other leaders of the National Democratic Alliance (NDA), attended the Ram Navami procession at the Dakbungalow roundabout.