The Supreme Court disposed of a writ petition on Friday, which sought removal of Bihar Chief Minister Nitish Kumar on the grounds that the JD (U) leader won the polls in alliance with one party, but changed loyalties later, thus committing a fraud on the electorate.
The Bench of Justice M.R. Shah and Justice M.M. Sundresh observed that under the provisions of the anti-defection law and the 10th Schedule, post-alliance was permissible, subject to certain conditions.
The top court of the country rejected the plea, noting that there was no substance in it.
Petitioner Chandan Kumar had contended that post-poll alliance or coalition of Nitish Kumar and his political party JD(U) with Mahagathbandhan was a fraud on the electorate.
As per the petitioner, the citizens were denied of stable governments due to horse-trading and corrupt practices.
He sought following directions from the court:
(1) Issuance of a writ of quo-warranto against Respondent No.3 (Nitish Kumar) who has been appointed/reappointed Chief Minister of Bihar on August 10, 2022 and his removal from the office of Chief Minister as the same is in complete violation of different provisions of Constitution of India;
(2) Declare that post-poll alliance or coalition by Respondent No.3 and his political party JD(U) with Mahagathbandhan is fraud on the electorate;
(3) Pass such direction to the political parties who are indulging in horse-trading and corrupt practices due to which the citizens are denied of stable governments;
(4) Direct the Parliament to make proper legislation so that pre-poll alliance are not disintegrated by the money and power hungry leaders who completely alienate their party’s political program in order to meet their personal goals.
(5) Direct the Parliament to amend Schedule-X of the Constitution of India in order to address the defection by the pre-poll alliance parties.