Has BJP chief Nitin Nabin's resignation as Bihar MLA been put on hold? What we know

Bharatiya Janata Party (BJP) national president Nitin Nabin was scheduled to resign as a Member of Legislative Assembly (MLA) of Bihar on Sunday, 29 March. But his resignation was postponed at the eleventh hour, even though Bihar Assembly Speaker Prem Kumar had arrived at the Assembly to accept it.

Nabin and Nitish Kumar were elected to the Rajya Sabha on 16 March. Kumar is a member of the Bihar Legislative Council, and he is likely to resign on 30 March. Nabin, MLA for the Bankipur seat, was scheduled to resign on Sunday.

One cannot be a member of two houses at the same time as per the Prohibition of Simultaneous Membership Rules, 1950 (under Articles 101/190 of the Constitution). So Nitish Kumar and Nitin Nabin are required to resign as MLC and MLA within 14 days of being elected to Parliament (Rajya Sabha).

Today, 30 March, is the last day for them to resign.

What happened on Sunday?

A message was circulated on the official WhatsApp group from the Assembly office, saying, according to a report in The Hindu.

“All are hereby informed that today at 8:40 a.m., BJP National President Nitin Nabin will tender his resignation from the membership of the Legislative Assembly in the office chamber of the Speaker, Bihar Legislative Assembly," the message read.

After fifteen minutes, however, another message was sent in the same WhatsApp group, saying, “BJP national president Nitin Nabin did not resign from his membership of the Legislative Assembly today due to unavoidable reasons.”

What did Bihar Assembly Speaker say?

On Sunday, Bihar assembly Speaker Prem Kumar was left bewildered when he was told that BJP president Nitin Nabin, who was slated to turn up at his chamber to resign as an MLA, had left Patna due to “an emergency,” news agency PTI said.

Kumar, a senior BJP leader himself, had been away in Delhi a day ago when he was summoned back to the Bihar capital with the message that Nabin, who got elected to the Rajya Sabha two weeks ago, wanted to vacate the assembly seat.

"I was attending a function at the Bharat Mandapam when state BJP chief Sanjay Saraogi telephoned me to inform that the party's national president wanted to resign on March 29. So, I took the return flight last night," the Speaker told reporters who had gathered at his chamber.

"Apparently, there was an emergency that led the national president to leave. Yes, he needs to vacate his assembly seat within 14 days of election to the Rajya Sabha. There is time till tomorrow."

Nabin flew to Assam

BJP sources told PTI that Nabin had left for poll-bound Assam and could travel to Delhi from there. When the Speaker was asked whether Nabin could resign in "virtual mode", he replied, “I am not aware of that. As far as I understand the rules, an MLA's physical presence is required.”

Prem Kumar was also asked about reports that Chief Minister Nitish Kumar, who heads the JD(U), and had been elected to the Rajya Sabha alongside Nabin, was likely to resign on Monday.

"He (the CM) is a member of the legislative council. Hence, I shall not be privy to such a development. The chief minister's secretariat or the Vidhan Parishad secretariat should be approached for the information."

The Speaker also said he was making a dash for the national capital to attend the aforementioned function, but would return late in the evening.

Who will be the next CM of Bihar?

The two resignations of Nitish Kumar and Nitin Nabin are linked. As Kumar, the longest serving Bihar CM, is headed to Rajya Sabha, the National Democratic Alliance, comprising of the BJP and the Janata Dal (United) has to pick next chief minister of Bihar.

The frontrunner is Bharatiya Janata Party (BJP) leader and Deputy Chief Minister Samrat Choudhary

However, several JD(U) leaders have said that Nitish Kumar’s son, Nishant Kumar, who recently entered active politics, should be his father’s successor, according to a report in The Hindu. They claimed that the Nishant Kumar has all the qualities needed to become the Chief Minister, the report said.

(With PTI inputs)