Supreme Court issues notice to EC on PIL seeking disqualification of Nitish Kumar's legislative membership
The bench took up the criminal writ petition which demanded that the Bihar CM should be disqualified as an MLA for allegedly hiding his “criminal records” while filing election affidavits.
NEW DELHI: The Supreme Court today said it would hear after four weeks a plea seeking cancellation of Bihar Chief Minister Nitish Kumar's membership of the state Legislative Council on the ground that he allegedly concealed information about a pending criminal case against him.
A bench headed by Chief Justice Dipak Misra asked lawyer M L Sharma, who has filed the PIL in his personal capacity, to furnish a copy of his amended plea to the Election Commission of India. It decided not to issue notice on it for now.
The PIL has alleged that there was a criminal case against the JD(U) leader in which he was accused of killing a local Congress leader Sitaram Singh and injuring four others ahead of the Lok Sabha by-election from Bihar's Barh constituency in 1991.
The petition has also sought a direction to the CBI to register an FIR against Kumar in the case.
"Respondent number 2 (poll panel), despite knowing facts about his (Kumar's) criminal case, did not cancel his membership of the House and respondent (Kumar) still enjoys constitutional office till date," the plea said.
The lawyer has sought cancellation of Kumar's membership as per the Election Commission's 2002 order stating it was mandatory for candidates to disclose criminal cases against them in their affidavits annexed to the nomination papers.
He claimed that the Bihar chief minister did not disclose the criminal case pending against him in affidavits since 2004, except for 2012.