NEW DELHI: The Supreme Court on Tuesday set aside the expulsion of RJD leader Sunil Kumar Singh as an MLC from the Bihar Legislative Assembly as "highly excessive and disproportionate".
Singh was acted upon due to his controversial remarks against Chief Minister Nitish Kumar during the Budget session in February, 2024.
SC Quashes RJD MLC Sunil Kumar Singh’s Expulsion, Calls It Disproportionate
In its judgment on a petition by Singh, a bench of Justices Surya Kant and N Kotiswar restored his membership of Singh, holding the period of expulsion undergone by him was sufficient as punishment for him for "his demeanour which was abhorrent and unbecoming of the conduct of a lawmaker".
Rejecting the arguments on maintainability of the petition, the bench also held that there is no absolute bar for calling in question the proceedings of the legislature and ethics committee before the court.
Supreme Court Reinstates Sunil Kumar Singh, Slams Bihar Legislative Council’s Decision
Justice Surya Kant, who read out portion of the judgement, said the procedural mandates are not ends in itself and are not immune to examination by the court to safeguard the constitutional supremacy.
The court opined the committee should have adopted "more measured and balanced approach" in the case and the House should have been magnanimous.
The bench also said expulsion of the petitioner raised concerns over fundamental rights of the petitioner and rights of his constituency.
The court directed that the petitioner should be reinstated with all the benefits on completion of his tenure. It, however, clarified he would not be entitled to any benefits during the period of expulsion which shall be deemed as suspension from the House.
The court also quashed the Elections Commission's press note for conducting bypoll on the seat held by the petitioner. The bench also warned the petitioner be careful in future, giving liberty to the Ethics Committee to examine any infraction by him.
Singh was expelled from the Bihar Legislative Council on July 26, 2024 for unruly behaviour in the House.
Singh is considered close to RJD supremo Lalu Prasad Yadav and his family. He was charged for sloganeering against Nitish Kumar on February 13, 2024, during a heated exchange in the House. The motion for Singh’s expulsion was passed by voice vote, a day after the ethics committee submitted its report to acting chairman Awadhesh Narain Singh.
