SC Issues Notice to EC on PIL Seeking Nitish’s Disqualification

The PIL claimed the Bihar Chief Minister “concealed” his own criminal record in poll affidavits.

2 min read
Bihar CM Nitish Kumar.

The Supreme Court on 11 September issued a notice to the Election Commission and Bihar Chief Minister Nitish Kumar on a public interest litigation (PIL), which demanded the CM’s disqualification.

The PIL, filed by advocate Manohar Lal Sharma on 31 July 2017, claimed that Kumar “concealed” his own criminal record in poll affidavits.

What We Know About the PIL Against Nitish Kumar

The Supreme Court on 1 August 2017 agreed to hear a plea seeking cancellation of Kumar's membership from the state Legislative Council for allegedly concealing a pending criminal case against him.

A bench of Judges – Justices Dipak Misra, Amitava Roy and AM Khanwilkar – said it would look into the matter after the petitioner, Sharma, sought an urgent hearing of his plea.

The bench said it would see when the matter could be listed for hearing.

The plea alleged that there was a criminal case against the JD(U) chief, wherein he was accused of killing local Congress leader Sitaram Singh and injuring four others, ahead of Lok Sabha by-election to the Barh Constituency in 1991.

The petitioner has also sought a direction to the CBI to register an FIR against the Bihar Chief Minister in the case.

Respondent number 2 (Election Commission), 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.
Petitioner ML Sharma.

The lawyer 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 filed for their nomination.

He claimed Kumar did not disclose the criminal case that was pending against him in the affidavits since 2004, except for 2012.

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