Disqualified as Rajya Sabha member, Yadav had recently merged with RJD
New Delhi, March 31 (Delhi Crown): The Supreme Court on Thursday told Sharad Yadav to vacate the 7 Tughlak Road bungalow within two months. Yadav has been disqualified as Rajya Sabha membership.
A bench comprising Justices D.Y. Chandrachud, Sanjiv Khanna and Surya Kant granted Yadav time on “humanitarian grounds” considering his ill-health. The time extension is given on condition that Yadav should file an undertaking that he will vacate the premises after May 31.
The bench was considering his SLP assailing Delhi High Court’s order of March 15 directing him to hand over the possession of the bungalow within 15 days.
Yadav’s counsel Kapil Sibal had earlier submitted before the SC bench that he was suffering from numerous ailments, as he was on ventilator for many days and has to undergo daily dialysis.
Appearing for the Centre, Additional Solicitor General Sanjay Jain opposed the plea saying that there is “paucity of official accommodation in Delhi’, especially after the expansion of cabinet.
It was pointed out that Yadav had occupied the official residence for over 4 years after disqualification and that his original term as MP was in any case expiring in July.
Disputing the argument of ill-health, the ASG said that Yadav has been attending public events and at maximum, he can be granted one more month time.
“Since the petitioner stands disqualified and is not being required to discharge any responsibility or function as a Member of Rajya Sabha, there can be no justification for him to retain the official accommodation. The disqualification took place on 01.12.2017. More than two years have elapsed since then,” said the SC bench in its order.
Mr. Yadav was a Member of Parliament and the General Secretary of JD(U), but was disqualified in 2018 from the membership of Rajya Sabha by the Chairman, Rajya Sabha, under the Anti-Defection law. It was alleged that by his repeated conduct, public/press statements against the JD(U) and its leadership and openly aligning with a rival political party- the Rashtriya Janata Dal (RJD), he has voluntarily given up the membership of the party.
He was disqualified under paragraph 2(1)(a) of the 10th Schedule of the Constitution of India read with Rule 6 of the Members of Rajya Sabha (Disqualification on ground of Defection) Rules,1985.