Patna, Feb. 11: Patna High Court today stayed execution of the Assembly Speaker's decision to recognise Nitish Kumar as the new leader of the JDU legislature party.

Nitish was elected leader of the legislature party on Saturday to replace chief minister Jitan Ram Manjhi, since expelled from the party. On Monday, Nitish met Governor Keshari Nath Tripathi to stake claim to form the government. The same day, Manjhi too called on the governor and asked that he be given a chance to prove his strength on the floor of the House.

Soon after, Speaker Uday Narayan Chaudhary notified that Nitish had been recognised as leader of the JDU legislature party. At this, the Manjhi camp moved court through a PIL filed by a dissident JDU legislator.

Acting on the PIL, a division bench of the high court comprising Chief Justice L Narsimha Reddy and Justice Vikash Jain today said the letter issued by the Assembly's acting secretary recognising Nitish Kumar as the new leader of the JDU legislature party would have no legal bearing until the governor took a decision.

"No legal consequence would follow on the basis of letter issued by in-charge secretary of Bihar Legislative Assembly under which he has recognised Nitish Kumar as the leader of JDULP in the Assembly in place of Jitan Ram Manjhi until the governor takes a decision in this regard before whom the matter is pending," the petitioner's counsel, S.B.K Mangalam, said while quoting the bench's order.

The PIL was filed by dissident JDU legislator from Karakat, Rajeshwar Raj, who challenged Manjhi's removal as JDU legislature party leader and Nitish's election to the post. The petition also challenged the JDU legislature party meeting summoned by JDU president Sharad Yadav on February 7, terming it unconstitutional as it was called without chief minister's consent.

Counsel Mangalam said the court had not gone into the legality of the JDU legislature party meeting convened by the party president at which Nitish was elected new leader.

Mangalam, however, made it clear the letter has been put in abeyance. The petitioner's counsel said the court would now examine whether the Speaker has the power to issue the letter recognising Nitish as legislature party leader when Manjhi was still chief minister. The court told the Assembly secretariat to file a reply in this connection by the next date of hearing i.e. February 18.

Speaker Chaudhary said the House would respond to the court. "As of now, I can only say that whatever decision has been taken has been taken in accordance with the procedures of legislative business. They stand true," he said.

Reacting to the court order, JDU's legal brain P.K. Shahi said the bench had neither said anything on Nitish's election as leader of the JDU legislature party nor on the letter issued by the in-charge secretary of the Assembly. This is an attempt to create confusion, he said, adding "the order only says that it (the letter) will not have legal consequences".

RJD's Madhepura MP Pappu Yadav welcomed the court's decision, saying the bench had protected constitutional norms. The majority is tested on the floor of the House, there is no requirement of "parade" before the President, he added.

Senior Patna High Court advocate Basant Kumar Choudhary told The Telegraph that the order had no bearing on Nitish's claim to power.