Neeraj Kumar vs The State of Bihar and Others

L. Narasimha Reddy, C.J.

On 16.2.2015 this Court passed an interim order to the effect that Respondent No. 3, the Chief Minister of Bihar shall not take any policy decision which will have long term financial implications or repercussion of permanent nature on the State Government, except that he may take decisions on routine matters. On behalf of Respondent No. 1 an urgent motion is moved today. We heard the matter at some detail with the consent of the learned counsel for the petitioner.

The apprehension of the writ petitioner was that though majority of legislators expressed want of confidence in the Chief Minister, he is proceeding to take certain decisions that would have far reaching implications. Respondents, on the other hand plead that the only forum to test the majority enjoyed by the Chief Minister or his Government is the floor of the Assembly and restraining the Chief Minister of a Government from taking any policy decision would tantamount to pre-determining the floor test. Reliance is also been placed on certain precedents.

We are prima facie, of the view that till the want of confidence is expressed in accordance with law, a Government is entitled to function and if any decision is taken by it, contrary to law and public interest, the successor Government can certainly review the decisions. We however, feel that a blanket order in the form of a prohibitory injunction cannot be passed, against a Government which is constituted in accordance with law. At the same time, the public interest need be protected in such a way that the funds are not plundered.

We, therefore, direct that the Government of Bihar, in its present condition, may function in accordance with law and take decision. However, in the peculiar circumstances of the case, implementation of the decisions so taken shall be deferred till 21st February, 2015. Post on 25th February, 2015.