Nitish, Nitin to vacate Bihar legislature seats by March 30

Patna: CM Nitish Kumar and BJP national president Nitin Nabin will have to resign as members of the Bihar legislature by March 30.

As per the provisions of the Prohibition of Simultaneous Membership Rules, 1950, members are required to vacate their seats in the Bihar legislative council or the state assembly within 14 days of being elected to the Rajya Sabha. Both Nitish and Nitin were declared elected to the Rajya Sabha on March 16.

While Nitish will resign from the council, Nitin will step down from the assembly to retain their membership of the Rajya Sabha.




Currently a member of the Bihar legislative council, Nitish is expected to resign from the state legislature by March 30. While he has expressed his desire to move to the Rajya Sabha, his colleagues in the Janata Dal (United) pointed out that there is no immediate legal compulsion for him to resign from the chief minister’s post. “Nitish can continue as the CM even after vacating his seat in the state legislative council and taking oath as a member of the Rajya Sabha,” they said.

Nitin, the MLA from the Bankipur seat and current BJP national president, will also have to vacate his seat in the Bihar Legislative Assembly by March 30 due to the legal requirement. He resigned as a state cabinet minister in Dec 2025 following his appointment as the national working president of the BJP.

Nitin was holding charge of two key departments — the road construction department and the urban development and housing department — when he was asked to step down from the state cabinet and move to national politics.