Remarks against Nitish: SC reinstates expelled leader as Bihar MLC
Terming it “disproportionate”, the Supreme Court on Tuesday set aside the Bihar Legislative Council’s decision to expel RJD MLC Sunil Kumar Singh from the House for his alleged defamatory remarks against Chief Minister Nitish Kumar.
A Bench of Justice Surya Kant and Justice N Kotiswar Singh said the July 2024 expulsion of the RJD MLC violated not only the petitioner’s rights but also the rights of the electorate he represented in the House.
Leader warned
- RJD MLC Sunil Kumar Singh had allegedly mocked Chief Minister Nitish Kumar by calling him “Paltu Ram”
- Describing Singh’s conduct as “abhorrent”, the top court cautioned him against making such comments in the future
“The House must exercise magnanimity and refrain from imposing disproportionate action against its member… We hold that a more balanced measure should have been approached by the House. The action by the House was indeed harsh and disproportionate,” it said.
The top court also quashed the Election Commission’s December 30, 2024, notification for holding byelection to the seat that fell vacant following Singh’s expulsion from the House. Singh had allegedly mocked Chief Minister Nitish Kumar by calling him “Paltu Ram”, imitated his body language and sarcastically remarked that “the man who has not contested a single Mukhiya election till date is the Chief Minister of Bihar”.
Describing Singh’s conduct as “abhorrent”, the top court cautioned him against making such comments in the future. While concluding that the punishment expulsion awarded to him was “highly excessive” and “disproportionate”, the Bench clarified that its verdict should not be construed as condoning Singh’s conduct and that it had interfered with the Bihar Legislative Council’s decisions only to the extent and degree of punishment.
The seven months of expulsion already undergone by him should be deemed as suspension and appropriate punishment for Singh’s misconduct, it said, invoking its powers under Article 142 of the Constitution.
