The top court today dismissed a PIL that sought Nitish Kumar, Bihar’s Chief Minister’s disqualification in the form of an MLC on the account that he had allegedly suppressed that a murder case was pending against him from the panel of the poll.
A bench that was headed by Chief Justice Dipak Mishra, took into consideration Nitish Kumar’s submission that he had revealed the truth regarding the pendency of the criminal case to the Election Commission in the year 2012.
The bench that had Justices D Y Chandrachud and A M Khanwilkar, said, “We do not find any merit in the petition. It is dismissed. Election Rules say that he (Nitish) should declare it after the trial court takes cognisance of the case,” the bench said, adding that it has been done.”
The counsel of the chief minister intimated the court that a stay has been put on trial by the Patna High Court. Furthermore, it also stated that the chief minister has committed no illegalities.
As per the PIL filed by advocate M L Sharma, had accused that a criminal case was filed against Nitish Kumar the JD (U) leader in which he was accused of killing Sitaram Singh, a Congress leader and causing injury to four others ahead of the Lok-Sabha elections from the constituency of Barh of the state of Bihar in the year 1991.
The lawyer was seeking a cancellation of Nitish Kumar’s membership of the state Legislative Council falling in line with the order of the Election Commission in the year 2002 that it was a mandate for the candidates to reveal the criminal cases filed against them in their affidavits annexed to the papers of nomination. He also claimed that Nitish did not reveal the case pending against him in the affidavits since 2004, except for the year 2012.
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