RJD chief Lalu Prasad on Thursday said his party was consulting legal experts and may approach the Supreme Court as the verdict in the SR Bommai case has not been followed while inviting Nitish Kumar to form government in Bihar.
“The SR Bommai case verdict clearly states that the largest party should be invited to form government. The majority is proved on the floor of the House. The RJD should have been invited. We have sought the opinion of Supreme Court lawyer Ram Jethmalani,” Lalu Prasad told reporters here on Thursday.
“We suspected foul play when Governor Keshari Nath Tripathi was called to Patna on Wednesday. We were given time by Raj Bhawan at 11 a.m. today by spreading the rumour that the oath taking ceremony is at 5 p.m. But the oath ceremony was scheduled at 10 a.m.
“We had sought time to stake claim to form the government. When our leaders met the Governor on Wednesday night he told us that the letter of oath taking was given to Nitish Kumar. The SR Bommai case directive has been overlooked in the case,” Lalu Prasad said.
In the S.R. Bommai vs Union of India case in 1994, the Centre’s capacity to dismiss a state government was curbed as per constitutional necessities. The judgement laid down that the only way to resolve internal issues within a state’s administrative functioning would be by means of a floor test determining the support enjoyed by the party in power.
Lalu Prasad alleged that the entire political episode was fixed between the BJP and JD-U chief Nitish Kumar.
“The script was written six months ago. Nitish Kumar had met Narendra Modi and (BJP chief) Amit Shah. Nitish colluded with the BJP for my conviction in the fodder scam case.”
He also alleged that Nitish Kumar is a murder accused. “Nitish is an accused in the murder of Sitaram Singh in 1991. The court has taken cognisance. Nitish Kumar must resign on moral grounds,” he said.