Supreme Court Issues Notice On RJD MLC Sunil Singh's Plea Against Expulsion From Bihar Legislative Council For Remarks Against Nitish Kumar

The Bench of Justices Surya Kant and K.V Vishwanathan, however, refused to pass any interim order.

Senior Advocate Abhishek Manu Singhvi, appearing for Singh, cited Ashish Shelar v. Maharashtra Legislative Assembly, where the the Court quashed the suspension of MLAs beyond one term. Singhvi added that in the present case, there is expulsion. In Shelar's case, the Top Court had quashed the Maharashtra Assembly's Resolution to suspend 12 BJP MLAs. It held that the rules made to exercise the powers and privileges of the State Legislature constitute law within the meaning of Article 13 of the Indian Constitution. 

In his attempt to convince the Court, Singhvi submitted:

“The larger effect is that you can negate democracy….Now, I will not speak like this, he will not speak like this but my lords 'Palturam' is something that has been published in newspapers all along. I am not suggesting he is right. Now, he publishes it in the house, which is more protected!”

The alleged incident happened during the budget session that took place this February. The expulsion was made on the basis of a recommendation made by the Ethics Committee of the council. Amongst the accusations against him 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, a direction for not declaring an election pursuant to vacancy arising notification.

The petition was filed through Advocate-on-record Priyansha Sharma. 

Appearances: Senior Advocate Abhishek Manu Singhvi, Advocate Yash Johri and Advocate-on-record Priyansha Sharma appeared for the petitioner. 

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

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