Post Poll Alliance Permissible Subject To Conditions: SC Dismisses Plea Against Appointment Of Bihar CM
The Supreme Court has dismissed a petition seeking a writ of quo-warranto against the Chief Minister of Bihar, Nitish Kumar.
The Bench of Justice M. R. Shah and Justice M. M. Sundresh dismissed the petition which also sought a declaration that the post-poll alliance or coalition by Nitish Kumar and JD(U) with Mahagathbandhan is a fraud on the electorate.
The Writ Petition was filed by one Chandan Kumar who appeared in person. He had also prayed that the Parliament be directed to "make proper legislation so that pre-poll alliance are not disintegrated by the money and power hungry leaders who completely alienate their party's political program in order to meet their personal goals".
The Petitioner also sought a direction to the Parliament to amend Schedule-X of the Constitution of India in order to address defection by pre-poll alliance parties.
"..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", the Court observed.
The Court held that there is no substance in the petition and dismissed the same.
Cause Title: Chandan Kumar v. Union of India & Ors.