"A strength of 9 MLCs is required for the post of leader of opposition in the upper house but RJD at present has only 7 MLCs. Hence their application was not in conformity with the rules," Deputy Chairman of Bihar State Legislative Council Harun Rashid told PTI today.
"A letter citing existing rules has been sent to RJD Bihar President Ramchandra Purbe who had sent a request for appointing Rabri Devi as leader of opposition in the state's Upper House," Mr Rashid said.
Sushil Kumar Modi was the leader of opposition (LoP) in the 75-member upper house during Nitish Kumar-led Grand Alliance ministry.
Rabri Devi was chosen as member of Legislative council for the second time in 2012 and her tenure will end in 2018. Chief Minister Nitish Kumar is also a member of Legislative Council at present.
Mr Purbe told PTI that the Council authority could have used "discretionary" power to appoint Rabri Devi as opposition leader despite the party falling short of requisite numbers. Criticising RJD, JD(U) spokesman and MLC Neeraj Kumar said, "For RJD, all the qualification for a constitutional post lies only to a member of Lalu Prasad family".
The post of chairman of Bihar Legislative Council is also lying vacant after end of the term of BJP's Awdesh Narayan Singh recently.
Although Mr Singh had been re-elected to the Upper house again from Gaya graduate constituency in the bypoll in June, but nobody was appointed as the Chairman so far.
RJD chief Lalu Prasad had on July 26 last had said after a meeting of RJD legislature party that while Rabri Devi will lead them in Legislative council, his son Tejaswi Prasad Yadav will be the leader of the opposition in state Assembly.