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Synopsis

The Supreme Court of India yesterday stayed the declaration of results by the Election Commission of India for a bye-election conducted due to the expulsion of Bihar MLC Sunil Singh.

Singh was expelled over remarks made against Chief Minister Nitish Kumar. Yesterday, a bench of Justices Surya Kant and N Kotiswar Singh passed the order on Singh's plea challenging his expulsion from last July saying, "Meanwhile, the result of the byelection in the state legislative council in respect of vacancy by removal of petitioner shall not be declared".

Senior Advocate AM Singhvi appeared for Singh and submitted, "Please see the report on which he is expelled..He says, 'jo log inko keh rahe hain paltu ram..'. This phrase has been used for years..this is a way of speaking..".

Court was further told that identical words were spoken by Mohammad Shoaib who was only suspended. Singhvi added that only because his client was more famous, he was expelled.

"He has called the CM paltu ram but that is not such a serious trangression...", Singhvi further submitted.

On an argument being raised by the respondents that that bye election being notified, the issue before Supreme Court had become infructuous, Singhvi said, "SC has held when court is seized of the matter, the Election commission cannot have another election".

In an earlier hearing of the case, top court had orally said legislators must be respectful. “This is how freedom of speech is used inside the House?” Justice Kant had questioned

On July 26, 2024 Singh was expelled from the Bihar Legislative Council for unruly behaviour in the House.

Case Title: Sunil Singh vs. Bihar Legislative Council