New Delhi: The Supreme Court on Wednesday restrained the Election Commission of India (ECI) 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.
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.