The Supreme Court on Tuesday (February 25) set aside the Bihar Legislative Council’s decision to expel Rashtriya Janata Dal (RJD) leader Sunil Kumar Singh over alleged defamatory remarks against Chief Minister Nitish Kumar, calling the punishment “highly excessive” and “disproportionate.”

A bench comprising Justices Surya Kant and N Kotiswar Singh also quashed the Election Commission’s notification for a bypoll to the seat that had been declared vacant following Singh’s expulsion.

Singh’s remarks, made during the Budget Session in February 2024, led to his expulsion based on a recommendation from the House Ethics Committee.

While the Supreme Court acknowledged that his conduct was “abhorrent” and “unbecoming of a Council member”, it ruled that the punishment violated both his fundamental rights and those of the electorate.

The bench further emphasized that Ethics Committee decisions do not fall under legislative functions and are therefore subject to judicial review.

It also ruled that Singh’s seven-month expulsion should be considered as a suspension, deeming it a sufficient penalty for his actions.