SC Bars Election Commission From Announcing Bihar Legislative Council Bypoll Result

New Delhi: The Supreme Court on Wednesday restrained the Election Commission of India from declaring the Bihar legislative council by-election result for the seat previously held by expelled RJD leader Sunil Kumar Singh.

On July 26, last year, Singh was expelled from the Bihar legislative council for unruly behaviour in the House.

Singh, considered close to Rashtriya Janata Dal (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.

A bench of Justices Surya Kant and N Kotiswar Singh was informed by senior advocate Abhishek Manu Singhvi, appearing for Singh, that the by-election result was likely to be announced on January 16 for the seat as the election was unopposed.

The bench said since it was already hearing the arguments on the matter, no results for the seat should be declared in the meantime.

"The result of the by-election in Bihar legislative council in respect to vacancy resulting from removal of petitioner shall not be declared," it ordered.

Singhvi said the court was hearing his plea against the expulsion since August, 2024, and if tomorrow the court allowed the petition, it would be a peculiar situation with there being two candidates for a single seat.

He submitted the allegation in the case related to the use of the word "palturam" while referring to the Bihar CM and another legislator had used it as well.

However, only the RJD leader was expelled whereas the other legislator was just suspended for a couple of days, said Singhvi.

The senior lawyer argued if statements of the nature objected to in Singh's case lead to expulsion -- being objectionable for those in the majority -- it would be the end of democracy.

Singhvi said the use of the word was not such a serious transgression as would justify permanent expulsion.

He submitted there was also the violation of natural justice as when the RJD sought video of proceedings in the House, neither was he given it nor was he given an opportunity to address the allegations.

Singhvi said the top court had agreed to hear Singh’s plea in August, last year and the by-election was notified on December 30, 2024.

The bench said it would on January 16 hear the response of the state legislative council and the ethics committee and others, following which it would reserve its judgement on the issue.

On January 6, the top court said that legislators should be respectful even while dissenting, as it fixed for final hearing a plea challenging the expulsion of Singh from Bihar's upper house for his remarks against the CM.

In 2024, 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.

Singh was also charged for "insulting the chief minister by mimicking his body language" and questioning the competence of the members of the ethics committee after appearing before it.

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. 

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