High Court Says, If Sharad Yadav Remains Disqualified, He May Have To Refund Salary

High Court Says, If Sharad Yadav Remains Disqualified, He May Have To Refund Salary

New Delhi : The Delhi High Court observed today that former JD(U) President Sharad Yadav may have to refund the salary drawn by him due to pendency of his petition challenging his disqualification as a Rajya Sabha member if he was not successful in his plea during the pendency of his petition challenging his disqualification as a Rajya Sabha member.

Justice Rajiv Shakdher observation came during the hearing of an application moved by Ram Chandra Prasad Singh seeking modification of the court's order allowing Mr Yadav to enjoy the perks, salary, allowances and bungalow of an MP.

So, The court did not pass any order and listed the matter for directions on March 21 when it will decide whether Mr Yadav's plea has to be heard by a single judge or a division bench.

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The matter was listed for directions on 21 March where in his plea, Mr Yadav's petition against his disqualification be heard by a division bench of the High Court

In between, Additional Solicitor General (ASG) Sanjay Jain said by way of an affidavit, his client's stand would be indicated before the next date of hearing.

In his applicationmoved through advocates Gopal Singh and Shivam Singh, Ram Chandra Prasad Singh has said that since payment of emoluments and allowances to MPs are based on their participation in the House proceedings, Mr Yadav was not entitled to such benefit as he has not been permitted to attend the Parliament or its committees.

The application has said in order to seek a change of the December 15, 2017 interim order that, "Therefore, the petitioner should be subject to the principle of 'no work, no pay'."

While refusing to grant an interim stay on Mr Yadav's disqualification, The High Court on December 15 last year had allowed him to draw his salary, allowances, perks and retain the bungalow. The same order was later passed by the court on a similar plea moved by Mr Yadav's colleague and MP, Ali Anwar, both of whom were disqualified from the Upper House by the December 4, 2017, order of the RS chairman.

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Mr Yadav has challenged his disqualification on several grounds, by not giving any chance to present his views by the Rajya Sabha Chairman.

While, Ram Chandra Prasad Singh had sought disqualification of Mr Yadav and Mr Anwar on the ground that in violation of party directives, they had attended a rally of opposition parties in Patna.

Mr Yadav joined hands with the opposition after the JD(U) president and Bihar Chief Minister, Nitish Kumar, had dumped the alliance with the RJD and the Congress in Bihar and tied up with the BJP in July last year.

Mr Yadav was elected to the Rajya Sabha last year and his term is scheduled to end in July 2022. Mr Anwar's term was to expire this year. Both were disqualified under the Anti-Defection Act.

Mr Yadav's plea, filed through advocate Nizam Pasha disqualified him in December 4, 2017 order.

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