Supreme Court Adjourns To Jan 20 RJD MLC's Plea Challenging Expulsion From Bihar Legislative Council Over Comment On Nitish Kumar

The Supreme Court today adjourned to January 20 RJD MLC Sunil Kumar Singh's plea challenging his expulsion from Bihar Legislative Council for allegedly using defamatory words against State's Chief Minister Nitish Kumar.

A bench of Justices Surya Kant and N Kotiswar Singh directed the listing, upon hearing Senior Advocate Ranjit Kumar (for respondent-Bihar Legislative Council) who, after making submissions for about half an hour, prayed for some more time to address the court. 

It is worthwhile to mention that yesterday, Senior Advocate Dr Abhishek Manu Singhvi (for Singh) informed the Court about Bihar Legislative Council bye-elections being notified in to fill vacancy arising upon Singh's expulsion, of which results were likely to be declared today. As the matter remained part-heard, it was directed that the results of the bye-elections be withheld.

Today, Kumar appeared on behalf of Bihar Legislative Council and took the Court through the allegations against Singh. The senior counsel highlighted that unlike Mohd. Shoaib (another MLC with whom Singh seeks parity), Singh did not attend Ethics Committee meetings or express regret over his conduct. Further, it was claimed that Singh questioned the constitution of the Committee itself and the capacity of the members to hear his case, since he was the Chief Whip of his party and a State Minister.

Hearing the submissions, Justice Kant expressed that the same may not necessarily amount to misconduct. At this point, Kumar highlighted that Singh was suspended by the House on an earlier occasion as well on account of his misconduct.

Insofar as it was argued that Singh did not answer the allegations when he finally appeared before the Committee, Justice Kant conveyed that some benefit may be extended to him on that count as he did not dispute his words (against Nitish Kumar). Rather, he relied on a technicality and took a legal defense of questioning the formation of the Committee, the judge noted.

As regards Singh's allegation that he was not supplied relevant video-clips/material, Kumar informed the Court that the material was confidential and Singh was informed that the same would be shown to him if he attended the meetings. Referring to Raja Ram Pal v. The Hon'ble Speaker, Lok Sabha (2007), the senior counsel further submitted that in the said case, a Constitution Bench had said that the court would not go into doctrine of proportionality.

Background

The 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 issued notice on the petition but refused to pass any interim order. Earlier this month, Justice Kant remarked that it is the hallmark of Parliamentary proceedings that one must be respectful, even while dissenting.

Case Details: SUNIL KUMAR SINGH v. BIHAR LEGISLATIVE COUNCIL AND ORS., W.P.(C) No. 530/2024

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