The Supreme Court, dismissing a writ petition seeking the removal of Bihar Chief Minister Nitesh Kumar on Thursday, observed that "Post- poll alliance subject to certain conditions is permissible"  The division bench of Justices MR Shah and MM Sundresh further observed, "However, it is required to be noted that under the provisions of the anti-defection law and even the 10th Schedule, post-alliance subject to certain conditions is permissible. Hence, there is no substance in the present writ petition which deserves to be dismissed".

Chandan Kumar filed the PIL, claiming that Nitish Kumar and his JD (Upost-election) political party's alliance or coalition with Mahagathbandhan is a fraud on the electorate. He claimed that citizens are deprived of stable governments as a result of horse-trading and corrupt practises.

Chandan Kumar, in his PIL, sought the following direction from the court:

(1) Issuance of a writ of quo warranto against Respondent No. 3 (Nitish Kumar), who has been appointed or reappointed Chief Minister of Bihar on 10.08.2022, and removal of him from the office of Chief Minister as the same is in complete violation of different provisions of the Constitution of India;

(2) Declare that Respondent No. 3 and his political party, the JD(U), formed a post-election alliance or coalition with the Mahagathbandhan constitutes voter fraud.

(3) Pass such a direction to the political parties that are indulging in horse-trading and corrupt practices, due to which the citizens are denied stable governments;

(4) direct the Parliament to make proper legislation so that pre-poll alliances are not disintegrated by the money- and power-hungry leaders who completely alienate their party's political programme 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.

Case Title: Chandan Kumar vs Union of India

Writ Petition(s)(Civil) No(s). 772/2022