New Delhi: The Supreme Court on Tuesday (February 25) set aside the Bihar Legislative Council’s decision to expel Rashtriya Janata Dal (RJD) leader Sunil Kumar Singh from the Bihar Legislative Council for allegedly using defamatory language against state Chief Minister Nitish Kumar, saying it was highly excessive.
A bench comprising Justice Surya Kant and Justice N Kotiswar Singh set aside the decision of the Bihar Legislative Council on a plea moved by Singh challenging his expulsion from the Bihar Legislative Council.
Apex court also quashed ECI notification
The bench also quashed a December last year notification by the Election Commission of India (ECI) for holding bye-election to the seat held by the RJD leader.
The top court said that punishment of expulsion of Singh was highly excessive and disproportionate and his expulsion not only violated his rights but also the rights of the electorate represented by him.
Singh’s conduct was abhorrent and unbecoming of a member of the House: Apex Court
The court, however, said that the conduct of Singh was abhorrent and unbecoming of a member of the House and cautioned him from making such comments in future. It said that Singh’s seven months of expulsion already undergone should be deemed as suspension for his misconduct and he would not seek any remuneration for the suspension period.
The bench also clarified that verdict should not be construed as a condonation of Singh’s conduct.
Singh was expelled from Bihar Legislative Council on July 26 last year
Singh, who is considered close to RJD supremo Lalu Prasad Yadav and his family, was expelled from the Bihar Legislative Council on July 26 last year for making defamatory language against Chief Minister Nitish Kumar.
Singh allegedly used the word “Palturam” in respect of Chief Minister Nitish Kumar and he argued that the same word was used by another MLC as well, however, he was expelled from the House temporarily for two days, while he was permanently expelled.
