Nitish may take Rajya Sabha oath after April 9, says minister

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Patna: CM Nitish Kumar is likely to take oath as a member of the Rajya Sabha after April 9, his close aide and rural development minister Shrawan Kumar said on Thursday. He, however, added Nitish can continue as CM for another six months after taking the oath. Nitish has already resigned as a member of the Bihar legislative council but continues as CM.

Reacting to the state home department’s March 30 notification stating Nitish will take the oath of Rajya Sabha membership after resigning as MLC and CM, the minister said under constitutional provisions a person cannot remain a member of two Houses simultaneously and must resign from one within 15 days of election.
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“In the light of this provision, Nitish has already resigned as MLC and will take the oath of Rajya Sabha member after April 9 … but he can continue as the CM for another six months,” Kumar told the reporters on Thursday, reacting to the notification. “If he resigns, he will do so as per his own convenience,” he added.

The minister said it would not be appropriate to speculate on when Nitish may resign or how long he may continue in office.

The reactions came after the home department’s notification went viral on social media. The notification issued by special secretary to the govt, K Suhita Anupam, read, “Nitish Kumar has currently been nominated to the Rajya Sabha and in near future, he will take the oath of Rajya Sabha membership after resigning as the MLC and CM.” The home department is headed by deputy chief minister Samrat Choudhary.

The home department letter, however, states that Nitish will continue to avail “Z plus” security even after stepping down as CM. As the CM, Nitish enjoyed a special security cover provided under the state’s Bihar Special Security Act, 2000, which is modelled after the SPG Act meant for the PM. The notification added that the decision about providing security to Nitish was taken in view of his imminent move to Parliament, which would require him to give up the chief minister's post.

Nitish, who was not a member of the upper House of Parliament earlier, was elected to the Rajya Sabha on March 16. The biennial polls were held for five Rajya Sabha seats in the state, the tenures of which will end on April 9.