The Delhi High Court on Wednesday sought a response from former Rajya Sabha MP and former Janata Dal (United) President, Sharad Yadav, upon an application moved by the Centre seeking vacation of stay on the Court’s order permitting him to retain the government bungalow occupied by him in Delhi after his disqualification as Rajya Sabha MP in 2017.
The Division Bench of Chief Justice D.N. Patel and Justice Jyoti Singh is seized of a petition filed by Yadav challenging the order passed by the Rajya Sabha Chairman disqualifying him as a Member of the Rajya Sabha under the Tenth Schedule of the Constitution.
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During the course of hearing, Additional Solicitor General (ASG) Sanjay Jain, representing the Centre, informed the Bench that Yadav was disqualified as a Member of the Rajya Sabha in 2017 and still continues to occupy the government bungalow in pursuance of the Court’s order in this regard. He submitted that as the Council of Ministers have expanded now, the Centre is in need of the accommodation for newly appointed Union Ministers.
Subsequently, the Bench allowed the application moved by the Ministry of Housing and Urban Affairs for impleadment as a party respondent in the instant petition, and for fixing an early date of hearing in the matter. The parties have been directed to file their respective responses by March 11.
The matter is slated for hearing on March 15, 2022.
JD(U) leader Ram Chandra Prasad Singh had sought disqualification of Yadav under the Tenth Schedule for his anti-party activities, following which he was disqualified from the Rajya Sabha in 2017. Thereafter, Yadav approached the Delhi High Court challenging his disqualification, wherein the Court, vide order passed on December 15, 2017, permitted him to draw all allowances and prerequisites available to an MP, including retaining the government bungalow at Tughlaq Road till further orders.
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Against this order, the JD(U) leader approached the Supreme Court, wherein in June 2018, the Apex Court partially modified the High Court’s order to the extent that he was allowed to retain the official accommodation, but was not entitled to draw salary and to avail other benefits, while asking him to approach the Delhi High Court.