Janata Dal (U) leader Nitish Kumar flew back to Patna on Thursday, after placing his case before President Pranab Mukherjee.
The Patna High Court upheld his election as leader of the JD(U) Legislature Party after staying it on Wednesday, strengthening his claim to be Chief Minister. But Governor Kesari Nath Tripathi stuck to his guns, insisting that the floor test in the Assembly would take place only on February 20 as demanded by Chief Minister Jitan Ram Manjhi.
Back in Patna with 128 MLAs, Mr. Kumar accused Prime Minister Narendra Modi and the BJP of “attempting to throttle democracy,” alleging that the Governor was working to a “script written in Delhi,” one that would give time for “horse trading.”
The wording of the Governor’s directions on the floor test has raised eyebrows as it suggests that the voting can be done either through “lobby division” (the normal practice) or “a secret ballot.” While JD(U) general secretary K.C. Tyagi said his party would “oppose, tooth and nail, a secret ballot” as it was unconstitutional, a former Secretary-General of the Lok Sabha told The Hindu that “everything on the floor of a legislature has to be open.”
Bihar Governor Kesari Nath Tripathi’s directions to the Speaker of the Assembly on conducting the confidence vote on February 20 have caused a stir as they allow a “secret ballot” if needed.
The directions in Hindi, translated, read: “To ensure that the voting is conducted freely and fairly, the Speaker will carry out the process of voting on the resolution [confidence motion] either through a lobby division or a secret ballot. If it is a secret ballot, then the counting must be done in the presence of all members.”
The Janata Dal(U) opposed a secret ballot, saying it was in violation of the Constitution. Parliamentary procedure experts concurred with the view, saying everything happening on the floor of Parliament or legislatures had to be transparent and open, to prevent crossvoting and establish any split in a party, as defined by the law.
Chief Minister Jitan Ram Manjhi refused to resign after Nitish Kumar was elected leader of the JD(U) Legislature Party last Saturday. Mr. Manjhi has the support of 12 of 111 legislators of the JD(U); if the BJP’s 87 MLAs and three Independents support him, he will have 102. Mr. Kumar and his allies say they have the support of 128 MLAs.
Ever since his election, Mr. Kumar has been demanding an immediate floor test to clear the way for his return as Bihar Chief Minister. On Wednesday evening, Mr. Kumar paraded 128 MLAs in the forecourt of the Rashtrapati Bhavan. But hours later, rejecting Mr. Kumar’s demand for a special sitting of the Assembly for the trust vote, the Governor asked Mr. Manjhi to seek the confidence of the House on the first day of the Budget session.
