Chief minister Nitish Kumar has only till Monday to give up his membership of the Bihar Legislative Council following his election to the Rajya Sabha, according to rules cited by Assembly Speaker Prem Kumar.

The approaching deadline has coincided with Nitish’s continued silence on his expected transition to Parliament, a move widely seen as paving the way for a BJP leader to take over as chief minister. The JDU leader’s silence in public on the issue has fuelled speculation in political circles across Patna.

Although constitutional provisions allow Nitish to remain chief minister even after resigning from the Council, his reluctance to address the development publicly has raised questions.

During his recent statewide Samriddhi Yatra, widely perceived as a farewell tour before his shift to Delhi, Nitish avoided any mention of his impending resignation.

“Chief minister Nitish Kumar has time till March 30 to resign from the Legislative Council in view of his election to the Rajya Sabha,” Prem Kumar said, referring to the 1950 Prohibition of Simultaneous Membership Rules.

The rule mandates that a person elected to both Parliament and a state legislature must resign from one within 14 days, failing which their parliamentary membership stands terminated.

Nitish, along with BJP state president Nitin Nabin and three others, was elected to the Rajya Sabha on March 16. Nitish’s current term in the Legislative Council, his fourth in a row, ends in 2030.

The Speaker also noted that under Article 164(4) of the Constitution, Nitish can
continue as chief minister for up to six months without being a member of the state legislature.

Political intrigue deepened on Sunday after Nabin abruptly left Patna for Assam, cancelling his scheduled resignation from the Bihar Assembly. Nabin, an MLA from the Bankipur constituency, is also required to vacate his Assembly seat following his election to the Rajya Sabha.

Prem Kumar said he had rushed back to Patna from Delhi on Saturday night after being informed that Nabin would resign. “I was told by BJP state president Sanjay Saraogi that Nitin Nabin would submit his resignation on Sunday morning. I returned to Patna, but was later informed that his programme had changed,” he told reporters, adding that the deadline still remained.

Later in the day, Nabin was seen in Assam virtually listening to Prime Minister Narendra Modi’s monthly radio programme Mann ki Baat alongside party leaders. Many in Patna questioned whether the real reason for his urgency to suddenly change his plans was to listen to Modi’s radio address in Assam. There was no official word from the BJP on this.

“It can’t be believed that Nitin Nabin changed his plans only to be in Assam to listen to the Prime Minister’s radio address. He could have done the same in Patna, too,” the MLA said, hinting at possible political developments.

The MLA further claimed that the BJP may be seeking a coordinated move involving Nitish and Nabin. “I believe that the BJP wants Nitishji and Nitin Nabin to submit their resignations to the Speaker simultaneously. Let’s see what happens on the last day tomorrow,” he added.

The remarks come amid growing unease within the JDU, with several leaders and party workers urging Nitish not to step down as chief minister. Posters have also surfaced in parts of the state projecting his son, Nishant Kumar, as the “future CM”, signalling attempts to shape a succession narrative.

Adding to the chorus, former MP Anand Mohan cautioned against Nitish’s exit, saying it could have electoral repercussions. “Nitishji’s departure from Bihar will send out a bad message to the backward and extremely backward class voters. More than the JDU, it would harm the BJP,” he told reporters on Saturday.

Mohan also welcomed Nishant’s entry into active politics. However, asked about the possibility of Nishant being made deputy chief minister in the new government, Mohan downplayed the significance of the post, stating that it did not carry much weight.