Big blow to Lalu, HC dismisses petition challenging formation of Nitish government

Patna: Patna High Court today dismissed petitions challenging the decision of Bihar Governor Keshri Nath Tripathi to invite Nitish Kumar to form the government with support of NDA after he had resigned as Chief Minister deserting Grand Alliance on July 26. A division bench comprising Chief Justice Rajendra Menon and Justice A K Upadhyay dismissed two petitions filed in this connection by RJD MLA Saroj Yadav, Chandan Kumar and others. The bench in order upheld the decision of Governor Mr Tripathi to invite Nitish Kumar to form the government, saying his government had proved the majority on the floor of the Bihar Assembly on July 28 and nothing remained left in the matter.

Advocate General Lalit Kishore, Counsel of Governor Y Giri and Counsel of Union Government S D Sanjay submitted before the court that Governor had the discretion to invite any party or combination of parties which he thought was in position to prove majority on floor of the house. "Even in S R Bommai case, Supreme Court had maintained the floor test was the best way to assess the majority of the government", counsels submitted before the court. RJD MLA Mr Yadav in his petition had challenged the decision of Governor Mr Tripathi to invite Nitish Kumar to form the government after he had resigned as CM deserting Grand Alliance.

RJD was the single largest party in Bihar Assembly and it should have been invited by the Governor to form the government, he had pointed in his petition. Mr Yadav told media persons that he would challenge the verdict of the Patna High Court in Supreme Court. As it Mr Kumar had resigned as CM on July 26 when Mr Tejaswi Prasad Yadav neither resigned as deputy CM nor gave fact based reply on charges levelled by CBI in its FIR lodged against him in Railway Hotels tender scam. (UNI)