PATNA, Aug. 1 -- BJP MLC Devesh Kumar on Thursday evening resigned as a member of the state legislative council, just eight months before his term was supposed to end in March 2027, ostensibly to clear the way for panchayati raj minister Deepak Prakash to get elected and stay as minister. The development comes a day after the Supreme Court sought a reply from the Bihar government regarding Prakash's continuation as minister despite not being a member of either of the state legislature's two houses. Kumar, a journalist turned politician nominated from the Governor's quota as MLC on March 27, 2021, confirmed that he had put in his papers. "Yes, I have resigned as the MLC. The decision was voluntary," he told HT. Kumar, however, didn't comment whether he resigned to make way for Prakash to become an MLC to continue as a minister, even though it was widely believed to be so in the political circles. Party insiders said that Kumar was apparently asked by the party's top leadership to resign to create a vacancy in the state legislative council for Prakash to be nominated from the Governor's quota. There are a total of 12 seats for MLCs nominated from the Governor's quota in the Bihar legislative council. The Supreme Court on Thursday rapped the state government over Prakash's continuation as a minister in the Bihar government despite not being a member of the state assembly or state legislative council while hearing a public interest litigation (PIL) filed by Bihar resident Rakesh Kumar Singh, who challenged Prakash's re-appointment and continuance under Article 164(4) of the Constitution, which permits a non-legislator to serve as a minister for a maximum of six months. Prakash, son of Rashtriya Lok Morcha (RLM) chief and MP, Upendra Kushwaha, was first made a minister on November 20, 2025. He later resigned following former CM Nitish Kumar stepping down from his post in March, 2026. Later, on formation of the new government led by chief minister Samrat Choudhary, Prakash was made a minister again despite not being a member of either of the state legislature's two houses. The RLM is one of the smaller allies of the ruling NDA government in Bihar. In the PIL, Singh contended that the constitutional six-month window available to a non-legislator minister cannot be repeatedly invoked through resignation and reappointment to enable a person to continue in office without being elected. Earlier in the day, Prakash said the Bihar government would reply as per legal provisions. "The state government will respond to the Supreme Court as per legal provisions. I have nothing further to comment," he said. He also took a jab at the opposition RJD which had demanded his resignation on moral grounds after the SC pulled up the state government on Thursday. "This is a court matter and the RJD has no business commenting on such things," he said, categorically. Senior BJP leader and minister Dilip Jaiswal also expressed that the state government would reply to the top court as per legal provisions. "It is not prudent to comment on matters related to the Supreme Court. The state government will give its reply to the apex court," he said. There are indications that Prakash may soon become an MLC from the vacant seat following the BJP MLC's resignation today to avoid further embarrassment to the state government. The state government has time until August 4 to reply to the Supreme Court on this matter....