A Public Interest Litigation has been filed before the Supreme Court challenging the reappointment of Deepak Prakashas Bihar’s Panchayati Raj Minister despite his not being a member of either House of the State Legislature.

The petitioner contends that after serving nearly five months as a non-legislator minister in the previous government, his reappointment in the new Cabinet following a 22-day interregnum amounts to a colourable exercise of constitutional power aimed at circumventing the six-month limitation under Article 164(4).

Relying on S.R. Chaudhuri v. State of Punjab (2001), the plea argues that the constitutional exception permitting a non-legislator to hold ministerial office for six months is a one-time privilege and cannot be revived through a change of ministry or reappointment.

The PIL seeks a writ of quo warranto declaring the appointment unconstitutional and raises significant questions concerning democratic accountability and the limits of executive power under the Constitution.