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Supreme Court agrees to hear plea seeking cancellation of Nitish Kumar’s Legislative Council membership

The petitioner has sought cancellation of Kumar's membership to nBihar Legislative Council  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.

By: PTI | New Delhi |
Updated: August 2, 2017 11:19:30 am
nitish kumar murder case, nitish kumar plea, 1991 murder nitish The petitioner who filed the plea against Nitish Kumar alleged that the present Bihar CM is involved in a murder case wherein he was accused of killing a local Congress leader Sitaram Singh, and injuring four others ahead of Lok Sabha by-election to the Barh constituency in 1991. (Photo:AP)

The Supreme Court on Monday agreed to hear a plea seeking the cancellation of Bihar Chief Minister Nitish Kumar’s state Legislative Council membership for allegedly concealing a pending criminal case against him. A bench of Justices Justice Dipak Misra, Amitava Roy and A M Khanwilkar said it will consider the matter after petitioner advocate M L Sharma sought an urgent hearing of his plea. The bench also stated that it will fix a date for hearing the plea.

In the petition against Nitish Kumar, Sharma alleged that the Bihar CM is involved in a murder case in which he was accused of killing a local Congress leader Sitaram Singh, and injuring four others ahead of Lok Sabha by-election to the Barh constituency in 1991. The plea, additionally, requested the court to order the Central Bureau of Investigation (CBI) to register an FIR against Kumar.

“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,”  the petitioner was quoted as saying.

The petitioner has sought the cancellation of Kumar’s membership to Bihar Legislative Council  as per the Election Commission’s 2002 order stating it is mandatory for candidates to disclose criminal cases against them in their affidavits.  Sharma  claimed the Nitish did not disclose the criminal case that was pending against him in his affidavits since 2004, except for 2012.

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