New Delhi: The Supreme Court on Tuesday quashed the expulsion of the RJD legislator Sunil Kumar Singh from the Bihar legislative council for alleged derogatory comments against the state’s Chief Minister Nitish Kumar. The apex court said the period of expulsion undergone by Singh, since July 2024, would be considered the period of suspension.
The verdict was delivered by a bench led by Justice Surya Kant. Justice Kant, pronouncing the operative portion of the judgment, said, "There is no absolute bar on the constitutional courts from examining the proportionality of punishment imposed on the member while reviewing the validity of the action taken by the House. The punishment meted out to the petitioner was highly excessive and disproportionate to the nature of the misconduct. The period of expulsion already undergone by the petitioner shall be deemed as the period of suspension from the House."
The bench observed that Singh's conduct was 'abhorrent' and 'unbecoming.' However, the bench decided to set aside the report of the ethics committee as well as the notification of the Bihar legislative council, only to the extent of the nature of punishment imposed on Singh.
"The petitioner is directed to be reinstated as a member of the Bihar legislative council with immediate effect. However, he shall not be entitled to claim any remuneration or other monetary benefits for the period of disbandment….," said the bench.
The bench said there was also a warning to the petitioner. “Should the petitioner indulge further in misconduct upon his reinstatement, we leave it to the ethics committee or chairperson of the Bihar legislative council to appropriate action in accordance with law”, said Justice Kant.
The bench noted that decisions of the ethics committee of the legislative council are not part of the legislative functions and hence, they are not immune from judicial review. The apex court clarified that the judgment should not be construed as a condonation of Singh’s conduct.
The bench also quashed the notification issued by the Election Commission for holding bye-election to the seat, which was held by Singh. The detailed judgment on the matter will be uploaded later in the day.
On July 26, last year, Singh was expelled from the Bihar legislative council for unruly behaviour in the House. Singh, considered close to RJD supremo Lalu Prasad and his family, was charged for sloganeering against Chief Minister 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.
In addition to Singh’s expulsion, another RJD MLC, Mohd Qari Sohaib, who also engaged in disruptive behaviour on the same day, was suspended for two days. The ethics committee report said while Sohaib expressed regret for his actions during the inquiry, Singh remained defiant.
