The Supreme Court today sought the views of the Election Commission on a petition which sought disqualification of Bihar Chief Minister and JD (U) chief Nitish Kumar, alleging that he did not disclose in election affidavits an FIR against him in a murder case.
The notice was issued by a bench of Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud. The reply of election commission has been sought within four weeks.Petitioner and lawyer Manohar Lal Sharma has demanded that the Bihar CM be disqualified as a legislator for allegedly hiding his “criminal records” while filing election affidavits between 2004 and 2012.
"Please serve a copy of the petition to the lawyer for Election Commission", said the bench.
The petition further claimed that Nitish never opted for bail in the non-bailable offence since 1991 due to his constitutional office power and succeeded in getting the police to file a closure report after 17 years.
Demanding that the investigation against the CM be conducted afresh, the petition has also asked for a generic declaration by the apex court that no person having FIR and criminal cases against him can be appointed to any constitutional office.