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SURYA KANT, N. KOTISWAR SINGH
Sunil Kumar Singh – Appellant
Versus
Bihar Legislative Council (Through Secretary) – Respondent
JUDGMENT :
SURYA KANT, J.
1. The Petitioner has invoked the writ jurisdiction of this Court under Article 32 of the Constitution of India, laying challenge to Report No. 12024 dated 14.06.2024 (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 dated 26.07.2024 relieving the Petitioner from the membership of the BLC issued by the BLC’s Secretariat (Impugned Notification), is also assailed.
A. FACTUAL MATRIX
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 hereinbel
The expulsion of a member from the legislature must be proportionate to the misconduct, and actions infringing fundamental rights are subject to judicial review.
(1) Suspension of BJP MLAs from Maharashtra Legislative Assembly – Suspension of a member must be preferred as a short-term or a temporary measure – Impugned resolution suffers from vice of being unc....
The power of suspension of legislative members extends beyond Assembly grounds, and procedural adherence to natural justice does not nullify Assembly decisions unless serious prejudice exists.
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