How can Nitish stay CM after resigning from Legislative Council?
30 Mar 2026

Bihar Chief Minister Nitish Kumar resigned from the state legislative council, paving the way for his resignation from the chief ministerial post, following his election to the Rajya Sabha.

Under the Prohibition of Simultaneous Membership Rules, 1950, members elected to both Parliament and a state legislature must resign from one of the two within 14 days.

Earlier, however, Bihar Rural Development Minister Sharwan Kumar said the JD(U) chief can remain CM for the next six months.

Can Nitish stay CM?
Official acceptance

While Bihar Legislative Council Chairman Avadhesh Narayan Singh has accepted Kumar's resignation, praising him as an "invaluable leader of the House" who dedicated himself to Bihar's cause, Nitish can continue to serve as CM.

Despite not being an MLA, Kumar can continue his tenure under Article 164(4) of the Indian Constitution, which allows a person to hold office without being a member of the state legislature or council for at least six months.

Samrat Choudhary likely to be next Bihar chief minister
Political landscape

Kumar's resignation, however, could lead to a political shift in Bihar after over two decades of his leadership.

His return to national politics may give the Bharatiya Janata Party (BJP) more influence in the Bihar government. It also begs the question as to who his successor will be.

The likely candidate for CM is BJP leader and Deputy Chief Minister Samrat Choudhary.

During his Samriddhi Yatra, Kumar himself placed his hands on Choudhary's shoulder and asked people to support him.

Nitish Kumar's political journey
Political journey

Kumar's political career has been marked by coalition shifts, serving as an MLA since 1985 and Union Minister under Atal Bihari Vajpayee.

He first became Bihar CM in 2005 as an NDA ally.

Recently, he was re-elected CM after the BJP-led National Democratic Alliance won the 2025 Bihar Assembly Elections with a landslide victory.