A Public Interest Litigation (PIL) has been filed before the Patna HC challenging the nomination of Deepak Prakash as a Member of the Bihar Legislative Council (MLC), alleging that his nomination violates Articles 171(3)(e) and 171(5) of the Constitution of India.
The petition, filed by Prince Kumar Ojha under Article 226 of the Constitution, seeks issuance of a writ of quo warranto, calling upon Deepak Prakash to show under what authority he occupies the public office of a nominated MLC. It also seeks a writ of certiorari quashing the notification through which he was nominated.
The petitioner, who describes himself as a registered voter in Bihar and an active social worker, has contended that Article 171(5) restricts nominations to the Legislative Council to persons possessing special knowledge or practical experience in literature, science, art, the cooperative movement and social service. According to the petitioner, these five fields are exhaustive, and possessing the prescribed special knowledge or practical experience is an indispensable constitutional requirement for nomination under Article 171(3)(e), which Deepak Prakash fails to fulfil.
The PIL further contends that the constitutional intent behind Article 171 was not to create an avenue for political rehabilitation or a “backdoor entry” for active political operatives into the Legislative Council. It has been argued that political affiliation or electoral convenience cannot be presented as social service to justify nomination under the constitutional provision.
On these grounds, the petitioner has challenged Deepak Prakash's authority to occupy the nominated MLC seat and sought quashing of the notification appointing him.