The expulsion of a member from the legislature must be proportionate to the misconduct, and actions infringing fundamental rights are subject to judicial review.

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 hereinbelow

2.1. The Petitioner is a member of the political party known as the Rashtriya Janata Dal (RJD). He was elected as a member of the BLC on 29.06.2020 for a period of six years. The Petitioner was also nominated as the Chief Whip by the RJD in the BLC.

2.2. The elections for the 17th Legislative Assembly in the State of Bihar were held in November 2020, wherein a coalition government, comprising the Janata Dal (United) (JDU) led by the incumbent Chief Minister along with the RJD and the Indian National Congress (INC), was formed. This coalition, however, wedged apart in January 2024, and a new alliance between the JDU and the Bharatiya Janata Party (BJP) was entered into to form the Government in the State.

2.3. Following these developments, the Hon’ble Governor of Bihar was scheduled to deliver his address on 13.02.2024, at the 206th Session of the BLC. As soon as the Governor’s address was completed and during the motion of thanks, the Petitioner and another MLC, Md. Sohaib approached the well of the House and hurled indecent slogans against the Chief Minister. They mocked him as “Paltu Ram”, imitated his body language and sarcastically remarked that “the man who has not contested a single Mukhiya election till date is the Chief Minister of Bihar”. The Petitioner then alluded to the Chief Minister as an ‘expert in manipulations’ and insinuated that he was “just like a snake sheds its skin every year”. This indecorous fracas led to the proceedings of the House being indubitably obstructed, followed by a complaint on 19.02.2024 lodged against the Petitioner and Md. Sohaib before the Chairman of the BLC by a fellow MLC belonging to the Ruling Party JDU.

2.4. The Chairman of BLC issued a letter to the Petitioner and Md. Sohaib informing them about the complaint, which was then forwarded to the Ethics Committee for necessary enquiry. The letter also required both the MLCs to remain present and join the enquiry proceedings on 03.05.2024 before the Ethics Committee.

2.5. Md. Sohaib joined the enquiry proceedings on 03.05.2024 and expressed regret for his conduct in writing and further assured a display of restraint and caution in the future.

2.6. The Petitioner, in stark contrast, did not appear before the Ethics Committee on the date fixed and instead sought exemption, citing engagements and scheduling conflicts due to the onset of the Lok Sabha elections. The Petitioner did not join even the subsequent proceedings and continued seeking exemption from appearing for one or the other reason, which are delineated for the sake of convenience