LAWS(SC)-2025-2-100

SUNIL KUMAR SINGH Vs. BIHAR LEGISLATIVE COUNCIL

Decided On February 25, 2025
SUNIL KUMAR SINGH Appellant
V/S
Bihar Legislative Council Respondents

JUDGEMENT

(1.) The Petitioner has invoked the writ jurisdiction of this Court under Article 32 of the Constitution of India, laying challenge to Report No. 1/2024 dtd. 14/6/2024 (Impugned Report), submitted by the Ethics Committee of the Bihar Legislative Council (BLC) recommending his expulsion as a Member of Legislative Council (MLC). The consequential notification dtd. 26/7/2024 relieving the Petitioner from the membership of the BLC issued by the BLC's Secretariat (Impugned Notification), is also assailed.

(2.) The present controversy arises from allegations of unparliamentary conduct by the Petitioner, including the use of derogatory expressions in his capacity as an MLC within the House of the BLC. This conduct of the Petitioner prompted the initiation of proceedings against him by the Ethics Committee. The allegations were found to be substantiated, leading the Ethics Committee to recommend the Petitioner's expulsion from the BLC. Subsequently, a resolution to that effect was passed by a majority of the members of BLC, formalising the decision to expel and relieve the Petitioner. The facts giving rise to the present petition are set out hereinbelow:

(3.) Dr. Abhishek Manu Singhvi and Mr. Gopal Sankarnarayanan, learned Senior Counsels appearing on behalf of the Petitioner vehemently contended that the Impugned Report and the consequential Notification are illegal and unconstitutional. They argued that the actions against the Petitioner were actuated by mala fide and suffered from gross illegalities, both in procedure and substance.