The Supreme Court also struck down the Election Commission’s notification for holding a bye-election for Singh’s seat in the Assembly.
NEW DELHI: Today, 25th Feb, The Supreme Court of India set aside the expulsion of Rashtriya Janata Dal (RJD) leader Sunil Singh from the Bihar Legislative Council. Singh was expelled for making remarks against Chief Minister Nitish Kumar, but the Court found the punishment excessive and unfair.
A Supreme Court Bench comprising Justices Surya Kant and N Kotiswar Singh ruled that the punishment given to Singh was too harsh. While the Court acknowledged that Singh’s behavior indicated an attempt to obstruct justice, it emphasized that the House should have shown more leniency in taking action against its member.
“We have held that the behavioural pattern of petitioner shows deliberate attempt to thwart justice. But be that as it may, the house must exercise magnanimity and refrain from imposing disproportionate action against its member. The express raises concerns of violation of fundamental rights of his constituency members. We hold that a more balanced measure should have been approached by the house. We hold that the action by the house was indeed harsh and disproportionate,”
the Court stated.
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Based on this reasoning, the Supreme Court canceled Singh’s expulsion and allowed him to return to the Bihar Legislative Council.
As part of its decision, the Supreme Court also struck down the Election Commission’s notification for holding a bye-election for Singh’s seat in the Assembly.
Singh, who is known to be a close associate of RJD chief Lalu Prasad Yadav, was expelled from the Bihar Legislative Council after engaging in sloganeering and a heated exchange against Chief Minister Nitish Kumar. The Ethics Committee had reviewed his conduct and recommended his expulsion.
The Supreme Court found the Ethics Committee’s decision to expel Singh to be excessive. It ruled that the seven months he spent outside the House was enough punishment for his actions.
“For post-assembly remuneration and benefits, he shall be treated as a MLC for the whole term,” the Court clarified.
However, Singh will not receive any salary or benefits for the seven months he was expelled from the House.
