Supreme Court Stays Declaration Of Result Of Bye-Election Held For Seat Of Bihar MLC Expelled Over Comment On Nitish Kumar

The Supreme Court today directed that the results of the Bihar Legislative Council Bye-Elections, notified to fill vacancy arising upon expulsion of RJD MLC Sunil Kumar Singh, shall not be declared tomorrow.A bench of Justices Surya Kant and N Kotiswar Singh passed the order in Sunil Kumar Singh's plea challenging his expulsion from Bihar Legislative Council for allegedly using defamatory words against State's Chief Minister Nitish Kumar.Listing the matter tomorrow, Justice Kant dictated, "Meanwhile, result of the bye-election in state legislative council in respect of vacancy by removal of petitioner shall not be declared".During the hearing, Senior Advocate Dr Abhishek Manu Singhvi (appearing for Sunil Kumar Singh) argued that the allegation in the case pertains to the use of the word Palturam in respect of Nitish Kumar, which was used by Singh's colleague as well, but only Singh was permanently expelled (while the colleague was only temporarily suspended for 2 days).Further, it was contended that if statements of the nature objected to in Singh's case lead to permanent expulsion - merely because the statement is objectionable as per those in majority - it would be the end of democracy.Adverting to Singh's reference to Nitish Kumar as "Palturam", Singhvi said that the remark was not such a serious transgression as would justify "permanent expulsion" - a drastic remedy.The senior counsel also claimed violation of principles of natural justice, while informing that neither the relevant video recording was shared with Singh nor the expelled MLC given a chance to speak in the House at the time of his expulsion. On the maintainability of Singh's writ petition, reliance was placed on certain judicial precedents including Raja Ram Pal v. The Hon'ble Speaker, Lok Sabha (2007) to urge that Parliament's acts are amenable to judicial scrutiny.Hearing Singhvi at a considerable length, Justice Kant noted that Singh's only contention seemed to be that the permanent expulsion was disproportionate.At one point, Singhvi referred to Singh's remark that Nitish Kumar had not contested a single Mukhiya election since 18 years. To negate allegations in that regard, he urged that it was a published fact that Nitish Kumar has been Chief Minister of Bihar without ever getting a majority. On this, Justice Kant remarked, "but is it not a false statement that he (Nitish Kumar) has not been elected? Among political circles, people comment like that...that look at the person who has not been elected even as Mukhiya/Sarpanch...but is it not a false statement? because he must have been elected...".Singhvi responded to the observation saying that Nitish Kumar may have been elected himself, but he was never elected as part of a majority government.Later, when the bench sought to adjourn the hearing until tomorrow, Singhvi conveyed that though notice was issued on the present petition on August 30, 2024, re-election was notified on December 30 (while the court was seized of the matter). He informed that in pursuance to the same, results of the bye-election (unopposed) are scheduled to be declared tomorrow and prayed that the same may be withheld (to avoid having 2 candidates from the same constituency, in the event of Singh's petition being allowed).Senior Advocate Ranjit Kumar (for the Bihar Legislative Council) attempted to address the bench, but due to administrative responsibilities, it had to rise early. Taking into account Singhvi's submissions, the order restraining declaration of results was passed. Thereafter, Justice Kant conveyed that the bench would hear the respondents tomorrow and then render its decision.BackgroundThe alleged incident happened during the budget session that took place in February, 2024. The expulsion was made on the basis of a recommendation made by the Ethics Committee of the council. Amongst the accusations against Singh were calling the Chief Minister Palturam and imitating him.The recommendation of the committee, inter-alia, stated:“As the Chief Whip of the Opposition, his legislative Responsibility should be more towards the policies, rules and constitutional authority of the House. But he did not follow this in his conduct and behaviour. His efforts to come to the well of the House and raise unrestrained slogans, disrupt the House, disobey the Chair's direction, and insult the Leader of the House by using defamatory and rude words have hurt the dignity of the Upper House.”“Under clause 10 (d) of Rule 290 of the Bihar Legislative Council's Procedure and Conduct of Business Rules, the Committee recommends unanimously/majority that Dr. Sunil Kumar Singh be relieved from the membership of the Bihar Legislative Council.”Against the above projection, Singh filed the present writ petition before the Supreme Court seeking to quash the report as illegal and unconstitutional. Further, he sought a direction for not declaring an election pursuant to vacancy arising notification.In August, 2024, the Supreme Court...

Supreme Court Stays Declaration Of Result Of Bye-Election Held For Seat Of Bihar MLC Expelled Over Comment On Nitish Kumar

Debby Jain

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