What happened

BJP MLC Devesh Kumar resigned in Bihar. The reported purpose of Devesh Kumar’s resignation was to enable Minister Deepak Prakash to potentially take a seat in the Bihar legislature and continue in the state cabinet after Supreme Court scrutiny of an unelected minister continuing beyond six months.

Minister Deepak Prakash served as the Panchayati Raj Minister starting on November 20, 2025. The constitutional dispute discussed in the coverage is that Deepak Prakash remained a minister without being a member of either House of the Bihar state legislature for more than six months.

Background and earlier position

Supreme Court scrutiny was linked to a petition filed by Rakesh Kumar Singh on May 30, 2026. Rakesh Kumar Singh sought invalidation of Deepak Prakash’s appointment and alleged that the appointment amounted to fraud upon the Constitution (fraud upon the Constitution means misusing constitutional or legal provisions to obtain authority).