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Patna High Court declined the petition filed against the Nitish Kumar new Government

Team SoOLEGAL 31 Jul 2017 6:02pm

Patna High Court declined the petition filed against the Nitish Kumar new Government

The Patna High Court, today, has rejected two Public Interest Litigation or PILs filed against the development of the new government led by Nitish Kumar, President of RJD (Rashtriya Janta Dal) with the union of NDA.

 The court ruling began days after the surrender of resignation of Bihar CM Nitish Kumar and in the other hand, abandoned his former party RJD in order to establish a new alliance with BJP, and formed a new government in Bihar.

The new Nitish Kumar Government in which the NDA is a coalition partner won the trust vote on Friday last.

The high Court bench headed by the Chief Justice Rajendra Menon and A K Upadhyay, dismissed both PILs expressing that once the floor test is conducted in the State Assembly, no intervention of court is required.

At the same time, one PIL filed by RJD’s MLA and Lawmaker Saroj Yadav and Chandan Verma, the other one was filed By Jitendra Kumar, a Samajwadi Party Member.

Lawyers on Behalf of petitioners, Advocate B C Pandey and Bhupendra Kumar Singh, strongly presented that the RJD, the largest party, was not given a chance for government formation infringing upon the Supreme Court Judgment in the S R Bommai Case, and thus the oath of office and secrecy taken by the ministers of the new Government ought to be drop.

Advocate Y V Giri, on behalf of union government argued that once the floor test is performed, nothing else remains as the party proved its majority on the floor of the house and furnished a list 131 MLAs in support of new government and also received the similar number of votes in Friday Voting, which justifies the Governor’s decision to allow them for forming a Government, Mr. Giri Said.

He additionally, presented the example of a recent event in Goa State wherein the same procedure was followed to form a government.

Tagged: Patna High Court   Bihar CM Nitish Kumar  
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