The Supreme Court issued a notice to the Election Commission on Monday on PIL seeking cancellation of Bihar chief minister, Nitish Kumar’s membership of the state legislative council. The notice was issued for allegedly concealing a criminal case against Kumar while filing his poll affidavit.
A bench comprising Justice Dipak Misra, Justice Amitava Roy and Justice AM Khanwilkar heard the plea filed by advocate ML Sharma on 01 August. The petition said there was a case against Kumar in which he was accused of murdering a local Congress leader Sitaram Singh in 1991.
Regardless of knowing about Kumar’s criminal case, the EC did not cancel his membership of the House. He still enjoys constitutional office till date, said Sharma.
Thus, the petition sought cancellation of his membership as per the 2002 order of EC, which said it is mandatory for candidates to reveal criminal cases against them in their affidavits annexed to nomination papers.
