The Supreme Court on Tuesday consented to hear a petition filed by a lawyer for cancellation of the membership of Bihar Chief Minister Nitish Kumar in the State Legislative Council for allegedly concealing a criminal case pending against him.
The SC Bench said it would look into the matter after petitioner-advocate M.L. Sharma sought an urgent hearing.
The petition alleged that a criminal case against the JD(U) leader was filed in connection with the death of a local Congress leader Sitaram Singh ahead of Lok Sabha by-election to the Barh constituency in 1991. It also sought a direction to the CBI to register an FIR against him.
The petitioner has also sought a direction to the CBI to register an FIR against Mr. Kumar in the case.
“Respondent number 2 [Election Commission], despite knowing facts about his [Mr. Kumar’s] criminal case, did not cancel his membership of the House and respondent [Mr. Kumar] still enjoys constitutional office till date,” Mr. Sharma argued during an oral mentioning.
The lawyer has sought cancellation of Mr. Kumar’s membership as per the Election Commission’s 2002 order stating it is mandatory for candidates to disclose criminal cases against them in their affidavits annexed to nomination papers.
He claimed that Mr. Kumar did not reveal about the criminal case that was pending against him in affidavits since 2004, except in 2012.