Patna, Feb 12 (IANS): In a major relief to JD-U leader Nitish Kumar, the Patna High Court Thursday declined to stay his election as the new leader of the legislature party.

A division bench of Chief Justice L.N. Reddy has modified in its earlier order of stay on Nitish Kumar's election as the new leader of the legislature party, P.K. Shahi, who has filed a petition challenging the stay and requested it be withdrawn, told media here.

"Now after court has modified its directive, Nitish Kumar will continue as the leader of the of the legislature party," he said.

Shahi, who is considered close to Nitish Kumar, Thursday filed a petition in the high court challenging the stay on Nitish Kumar's election and requesting it be withdrawn.

The court Wednesday stayed Nitish Kumar's election as leader of the legislature party after hearing a petition filed by Rajeshwar Raj, a legislator considered close to Chief Minister Jitan Ram Manjhi, who was expelled from the party Monday after refusing to step down.

The court had fixed Feb 17 as next date of hearing.

Raj had filed a PIL in the court challenging the legality of party president Sharad Yadav's action of summoning the legislature party meeting Saturday which elected Nitish Kumar as its new leader.

Earlier this week, a letter issued by Hareram Mukhiya, secretary in-charge of the assembly, said Speaker Uday Narayan Chaudhary recognised Nitish Kumar as the new leader of the JD-U legislature party.

Manjhi has already termed Sharad Yadav's decision to call the meeting as illegal and questioned the re-election of the former chief minister Nitich Kumar as its new leader.