Patna, Aug. 23: BJP MLC Nawal Kishore Yadav on Tuesday filed a breach of privilege notice with the office of the Legislative Council chairman against principal secretary, department of registration, excise and prohibition, K.K. Pathak (in picture).

Pathak had sent him a legal notice on August 16, for allegedly making a derogatory remark against him during the debate on prohibition in the Legislative Council. The MLC has also filed a privilege notice against Pathak's counsel Sanjay Kumar Singh.

"I have a filed a privilege notice against Pathak for his legal notice to me claiming I had called him ' pagal (mad)' during the debate on prohibition in the Legislative Council on August 2," Nawal told The Telegraph on Tuesday.

"Pathak, through his counsel Singh, served me legal notice asking me to clarify within 15 days why action should not be initiated against him for the remark," the MLC said. "He (Pathak) threatened to initiate action against me for my remark. I was surprised that such a senior IAS officer has no knowledge of the constitution."

Nawal said sub-section (2) of Article 194 in the Constitution of India says no member of the Legislature of a state shall be liable to any proceedings in any court for anything said in the Legislature.

"Pathak cannot send me the legal notice. Those occupying high posts should have knowledge of the Constitution," the MLC said sarcastically. "I have every right to air my views inside the Council, as per freedom of speech guaranteed by the Constitution. By sending me a legal notice, Pathak has violated rules," the BJP MLC said.

Nawal had requested legislative Council chairman Awadhesh Prasad Singh to convene a meeting of the privilege committee and initiate action against Pathak.

Pathak could not be contacted. On calling official cellphone, his private secretary said he could be reached on his official landline after 5pm. The landline was called after 5pm, but his private secretary then asked this correspondent to talk to the department spokesperson and assistant commissioner Omprakash Mandal, even providing his two cellphone numbers. But calls to Mandal too went unanswered. Even a text message sent to Pathak went unanswered.

In May this year, Pathak had issued a legal notice to BJP leader and former deputy chief minister Sushil Kumar Modi, alleging that he had made derogatory remarks against him on the issue of prohibition.