The Supreme Court on Thursday modified a Delhi High Court order by stopping the payment of salary and allowances to rebel-JD(U) Rajya Sabha MP Sharad Yadav till the settlement of his plea in the high court. The apex court has, however, allowed Yadav to retain his official residence.
The JD(U) believes that former party president Sharad Yadav’s disqualification – on December 4 last year – as a Rajya Sabha member was valid as he has formed another political party. The Delhi high court last month listed the matter – Sharad Yadav’s plea challenging his disqualification- for further hearing on July 12.
The interim order of the high court had come on Mr Yadav’s plea challenging his disqualification on several grounds, including that he was not given any chance to present his case by the Rajya Sabha chairman before passing an order against him and his colleague and then MP Ali Anwar on December 4, 2017.
Ram Chandra Prasad Singh has moved the top court challenging a Delhi High Court order which refused to interfere with his disqualification and allowed him to continue to stay in the official residence until his plea against his disqualification from the Upper House is decided.
Sharad Yadav’s counsel, senior lawyer Kapil Sibal, had told the court that Singh had filed a special leave petition (SLP) in the apex court. The SLP in question would strip Yadav of all perks, salaries, allowances and official bungalow granted to an MP. Sibal also claimed that the opposite party had asked the Supreme Court to hold a hearing on the matter during the ongoing vacation period of the court so as to leave the High Court case unprofitable.
Sharad Yadav was elected to the Rajya Sabha last year and his term is scheduled to end in July 2022. He was disqualified under the Anti-Defection Act. His plea said that the December 4, 2017 order had disqualified him in an “extremely casual and callous way”.