The Supreme Court on Tuesday set aside the expulsion of Rashtriya Janata Dal (RJD) leader Sunil Singh from Bihar Legislative Council for his remarks against Chief Minister Nitish Kumar..A Bench of Justices Surya Kant and N Kotiswar Singh held that the action against Singh was highly excessive and disproportionate though his conduct showed attempt to thwart justice."We have held that the behavioural pattern of petitioner shows deliberate attempt to thwart justice. But be that as it may, the house must excercise magnanimity and refrain from imposing disproportionate action against its member. The express raises concerns of violation of fundamental rights of his constituency members. We hold that a more balanced measure should have been approached by the house We hold that the action by the house was indeed harsh and disproportionate," the Court said.Hence, it set aside Singh's expulsion and allowed him to resume attending the proceedings of the Bihar Legislative Council. Pertinently, it quashed the Election Commission notification to hold bye-elections to Singh's assembly seat. .Singh, who is close to RJD supremo Lalu Prasad Yadav, was expelled from the Bihar Legislative Council for unruly behaviour in the house.He had engaged in sloganeering against the Chief Minister during a heated exchange inside the House. The Ethics Committee had recommended his expulsion. The Court today held that the Ethics Committee report to the extent of action recommended against Singh was excessive.Hence, it quashed the recommendation to expel Singh while holding that the seven months for which he remained outside the House will be sufficient penalty.It also said that Singh will not be entitled to remuneration for those seven months."For post-assembly remuneration and benefits, he shall be treated as a MLC for the whole term," the Court clarified.
The Supreme Court on Tuesday set aside the expulsion of Rashtriya Janata Dal (RJD) leader Sunil Singh from Bihar Legislative Council for his remarks against Chief Minister Nitish Kumar..A Bench of Justices Surya Kant and N Kotiswar Singh held that the action against Singh was highly excessive and disproportionate though his conduct showed attempt to thwart justice."We have held that the behavioural pattern of petitioner shows deliberate attempt to thwart justice. But be that as it may, the house must excercise magnanimity and refrain from imposing disproportionate action against its member. The express raises concerns of violation of fundamental rights of his constituency members. We hold that a more balanced measure should have been approached by the house We hold that the action by the house was indeed harsh and disproportionate," the Court said.Hence, it set aside Singh's expulsion and allowed him to resume attending the proceedings of the Bihar Legislative Council. Pertinently, it quashed the Election Commission notification to hold bye-elections to Singh's assembly seat. .Singh, who is close to RJD supremo Lalu Prasad Yadav, was expelled from the Bihar Legislative Council for unruly behaviour in the house.He had engaged in sloganeering against the Chief Minister during a heated exchange inside the House. The Ethics Committee had recommended his expulsion. The Court today held that the Ethics Committee report to the extent of action recommended against Singh was excessive.Hence, it quashed the recommendation to expel Singh while holding that the seven months for which he remained outside the House will be sufficient penalty.It also said that Singh will not be entitled to remuneration for those seven months."For post-assembly remuneration and benefits, he shall be treated as a MLC for the whole term," the Court clarified.
