SC Stays Declaration of Bihar MLC Bypoll Results

by The_unmuteenglish

Patna/New Delhi, 16 January 2025: The Supreme Court on Wednesday halted the declaration of results for a byelection conducted to fill the vacancy left by the expulsion of Rashtriya Janata Dal (RJD) leader Sunil Kumar Singh from the Bihar Legislative Council.

His ouster followed controversial remarks against Chief Minister Nitish Kumar during a session.

A bench led by Justice Surya Kant heard Singh’s challenge against his expulsion, with senior advocate A.M. Singhvi representing him. The court, which had earlier criticized the legislator’s conduct, has scheduled further arguments from respondents, including the Bihar Legislative Council, for January 16.

Singhvi argued that expelling a legislator for a mere “turn of phrase” set a dangerous precedent for parliamentary democracy. “Robust democracy requires room for diverse expressions, even within the legislature,” Singhvi said, adding, “Only outright vituperative abuse warrants permanent expulsion.” He also contended that political animosity should not determine the premature termination of a legislator’s term.

The apex court had previously questioned Singh’s language during a February 2024 exchange in the House. Justice Kant had asked, “Is this how freedom of speech is exercised within the House?”

Sunil Kumar Singh was expelled on July 26, 2024, following a motion passed by voice vote in the Legislative Council. The motion came a day after the ethics committee, chaired by Awadhesh Narain Singh, submitted its report. The expulsion was based on Singh’s alleged unruly behavior, which included remarks against the chief minister.

During the same session, another RJD member, MLC Mohd Qari Sohaib, faced a two-day suspension for disruptive conduct. Singhvi noted the contrast, highlighting that Sohaib’s less severe penalty indicated inconsistent standards of punishment.

The stay on the bypoll results adds a layer of uncertainty to the political dynamics in Bihar as the case proceeds in the Supreme Court.

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