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Informist, Tuesday, Feb. 25, 2025

 

NEW DELHI – The Supreme Court on Tuesday set aside an ethics committee report recommending the expulsion of Rashtriya Janata Dal's Sunil Kumar Singh as a Member of Legislative Council of Bihar Legislative Council. Singh was removed from the Bihar Legislative Council in July for the use of derogatory remarks against Chief Minister Nitish Kumar in 2024.

 

The apex court rejected the objections raised by the Bihar Legislative Council against the maintainability of the petition filed by Singh. The issues raised in the writ petition do not fall within the restrictions outlined under Article 212 (1) of the Constitution of India, regarding courts not inquiring into the proceedings of the legislature, a bench of Justices Surya Kant and N.K. Singh said.
 

"We hold that the action of the ethics committee neither forms part of the 'Proceedings of the Legislature' nor is it tantamount to a 'Legislative Decision'. Accordingly, entertaining the instant petition would not fall foul of the restrictions imposed by Article 212 (1) of the Constitution," the court said. There is no absolute bar on the Constitutional courts to examine the proportionality of the punishment imposed on a member while reviewing the validity of the action taken by the House, the bench said. 

 

The court said that it was evident that the demeanour of Singh in the House was "abhorrent" and "unbecoming of a member of the legislature". Singh's subsequent evasive and "high-handed demeanour" before the ethics committee of the council was even more "egregious", the court said. 

 

However, the punishment meted out to Singh was highly excessive and disproportionate to the nature of the misconduct committed by him, the court said. The period of expulsion already undergone by Singh shall be deemed as a period of his suspension from the House and will amount to sufficient punishment for his misdemeanour, the apex court said.  

 

Singh should be reinstated as a member of the Bihar Legislative Council with immediate effect, the apex court said. However, he shall not be entitled to claim any remuneration or other monetary benefits for the period of his disbandment, the court said. Singh shall be entitled to such other perks and privileges which any other Member of Legislative Council is entitled on completion of their full tenure, the court added. Further, the top court quashed a press note by the Election Commission of India declaring the bye-election for the seat earlier held by Singh.

 

Singh was elected as a member of the Bihar Legislative Council on Jun. 29, 2020. Singh and another council member Md. Sohaib approached the well of the house and hurled indecent slogans against Nitish Kumar for breaking the coalition with Rashtriya Janata Dal and forming an alliance with the Bharatiya Janata Party.  End

 

Reported by Surya Tripathi

Edited by Saji George Titus

 

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