Patna, Aug. 4: The Bihar Legislative Council has rejected the RJD's request to appoint Rabri Devi as leader of Opposition in the upper House.

RJD state unit president Ram Chandra Purbey had sent a request yesterday to Council deputy chairman Harun Rashid to appoint Rabri Devi because the RJD is the single-largest party in the Opposition.

Rashid rejected the request within hours. "As per rules, the RJD should have at least nine members in the Council out of the total 75," Rashid told The Telegraph. "On this basis, I have rejected the RJD state unit president's demand and also sent him a letter.

"As per the rule the actual number should be 10 but we accept even on nine but the RJD does not have the required numbers," Rashid said.

The JDU has 30 members of legislative council (MLCs), the BJP has 23, the RJD seven, the Congress six, the CPI two, the LJP and RLSP one each, and there are three Independents. Two seats are vacant at present; the governor will nominate one and MLAs will elect one more.

Rabri Devi was chosen as MLC for the second time in 2012 and her tenure will end in 2018. She met Rashid today afternoon.

"It is very disappointing that deputy chairman has rejected our demand," said senior RJD leader Abdul Bari Siddiqui. "In such a circumstance, the number does not matter and the single-largest party in the Opposition gets the opportunity."

Purbey too said the Council deputy chairman could have used his discretionary power to appoint the former chief minister.

At present, Rabri Devi is the leader of the RJD legislature party and her younger son, Tejashwi Prasad, is leader of Opposition in the Assembly.

JDU MLC and spokesperson Neeraj Kumar criticised the RJD's demand.

"It seems that all the qualifications for constitutionals post lies with family members of RJD. They do not see any talent in somebody else. I must say that instead of focusing on its campaign against Nitish ji, Tejashwi better concentrate on fighting the legal battle and how to prevent being sent to jail in land-for-hotels deal case."

The post of chairman of Council is also vacant after the term of Awadhesh Narayan Singh came to an end in May this year. Awadhesh has retained his seat in the recently concluded Council election from Garya Graduate constituency, defeating the RJD candidate Punit Kumar Singh, the son of senior RJD leader Jagdanand Singh.

During the Grand Alliance government, the RJD had staked claim to the chairman's post. Now, with Nitish forming the government with the BJP, Awadhesh is likely to get back his post once the legislature's monsoon session begins from August 21.