SC Quashes Expulsion of RJD Leader Sunil Kumar Singh from Bihar Legislative Council Over Remarks Against CM Nitish Kumar

The Supreme Court of India, on Tuesday, February 25, quashed the Bihar Legislative Council’s decision to expel Rashtriya Janata Dal (RJD) MLC Sunil Kumar Singh over his remarks against Chief Minister Nitish Kumar.

A bench of Justices Surya Kant and N. Kotiswar Singh, while acknowledging Singh's behaviour as "abhorrent" and "unbecoming," clarified that the punishment of expulsion imposed on him was excessively harsh and disproportionate.

While emphasising that the Legislative Council should have exercised magnanimity, the Court held that the expulsion not only violated the petitioner's fundamental rights but also those of his electorate.

The court has further set aside the notification issued by the Election Commission of India on December 30 last year for a byelection in Singh's assembly seat.

"This Court, in the exercise of its power under Article 142 of the Constitution, is vested with the authority to substitute the punishment where the facts and circumstances so warrant. We cannot be oblivious to the fact that the petitioner has already undergone seven months of expulsion. He has also missed the 208th session of the Bihar Legislative Assembly, and since his term is set to expire in 2026, the petitioner has only a short duration left in office. Balancing the competing considerations, we hold that the period of expulsion already undergone by the petitioner shall be deemed as a period of suspension. In our view, this constitutes sufficient punishment for the misconduct displayed by him," the court added.

Background

On 16 January, the Supreme Court had 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. The court had held, "Meanwhile, the result of the byelection in the state legislative council in respect of vacancy by removal of petitioner shall not be declared".

Notably, Singh was expelled over remarks made against Chief Minister Nitish Kumar. Senior Advocate AM Singhvi, who had appeared for Singh, 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..".

The 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 transgression...", Singhvi further submitted.

On an argument being raised by the respondents that that by election being notified, the issue before Supreme Court had become infructuous, Singhvi stated , "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 remarked that 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