New Delhi: In a landmark decision, the Supreme Court has reinstated Sunil Singh, a Member of the Legislative Council (MLC) affiliated with Bihar’s Rashtriya Janata Dal (RJD), who had previously been expelled from the Bihar Legislative Council due to allegations of misconduct. The court recognised that Singh’s actions were indeed inappropriate but determined that the punishment for expulsion was excessively severe in relation to the offence committed. The bench, consisting of Justices Surya Kant and N. Kotishwar Singh, also observed that Singh’s term is scheduled to conclude in 2026, and that his absence from the assembly for seven months should be deemed a sufficient penalty.
The court also reaffirmed that constitutional courts have the right to intervene in legislative matters when necessary. Nonetheless, it specified that should Singh commit any further acts of misconduct, the Ethics Committee and the Council’s Chairman would retain the authority to impose appropriate sanctions.
Singh’s expulsion from the Bihar Legislative Council followed a recommendation by the Ethics Committee stemming from allegations that he had acted inappropriately towards Chief Minister Nitish Kumar and had mimicked him during a session. To challenge his expulsion, Singh approached the Supreme Court, which issued a notice on 30 August 2024, requesting a response from the Chairman of the Legislative Council.
In the meantime, the Bihar Legislative Council had already issued a notification for elections to fill the vacancy created by Singh’s expulsion. Senior Janata Dal (United) leader Lalan Singh had announced his candidacy as the sole nominee, effectively sealing his election. However, in light of the Supreme Court’s decision to reinstate Sunil Singh, the election process has now been suspended.
The court additionally ruled that Singh would not receive any remuneration for the seven months he was barred from participating in the House; however, he will continue to be eligible for all post-tenure benefits upon the completion of his term.