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Sharad Yadav moves Delhi HC against disqualification from Rajya Sabha

The JD(U) had sought disqualification of Yadav and Ali Anwar on the grounds that they had attended a rally of opposition parties in Patna in violation of its directives.

india Updated: Dec 12, 2017 20:25 IST
Press Trust of India
Press Trust of India
Press Trust of India
Sharad Yadav,Sharad Yadav disqualification,Sharad Yadav Rajya Sabha
Sharad Yadav and a section of the JD-U fell out with Nitish Kumar after the latter broke away from the Grand Alliance with RJD and the Congress to re-align with the BJP. (PTI File Photo)

Former JD(U) President Sharad Yadav on Tuesday moved the Delhi high court seeking immediate setting aside of his disqualification from the Rajya Sabha.

Yadav, in his plea, said he was not given any chance by the Rajya Sabha chairman before passing an order against him and his party colleague and MP, Ali Anwar, on December 4.

He sought interim stay of the decision of Rajya Sabha chairman M Venkaiah Naidu.

Yadav had joined hands with the opposition after Janata Dal(U) president and Bihar chief minister Nitish Kumar dumped the Grand Alliance with RJD and Congress in Bihar and tied up with the BJP in July this year.

While disqualifying Yadav and Anwar, the chairman had agreed to the JD(U)’s contention that the two senior leaders had “voluntarily given up” their membership by defying the party’s directives and attending events of opposition parties.

The JD(U) had sought their disqualification on the grounds that they had attended a rally of opposition parties in Patna in violation of its directives.

Yadav was elected to the House last year and his term was scheduled to end in July 2022. Anwar’s term was to expire early next year.

Advocate Nizam Pasha, who filed the plea on the behalf of the leader, said the matter regarding which faction is the real Janta Dal was sub-judice and a final decision was yet to be passed by the competent court.

K Rajasekaran, the newly-appointed President of Yadav faction of the party, has already moved the high court against the poll panel’s order on the allotment of the ‘Arrow’ symbol to the faction led by the Bihar chief minister.

Besides the chairman of the Upper House, Yadav has also arrayed the leader of JD(U) in the House, Ram Chandra Prasad Singh, as a party in his petition.

Singh had moved the Rajya Sabha Chairman praying for Yadav’s disqualification. Acting on it, Naidu had disqualified him as a member of Rajya Sabha under the Anti-Defection Act.

“If the order is not stayed during the pendency of the proceedings then he would suffer an irreparable loss, in as much as he would be deprived of participating in the proceedings of the House and will not be able to get himself elected for the remainder of his term,” Yadav’s plea has said.

First Published: Dec 12, 2017 20:24 IST