Supreme Court Gives Sharad Yadav Time Till May 31 To Vacate Official Bungalow In Delhi On Humanitarian Grounds

A bench comprising Justices DY 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, 2022.

The bench was considering the Special Leave Petition filed by him assailing Delhi High Court's order of March 15 directing him to hand over the possession of the official accommodation, Bungalow no. 7, Tughlak Road, New Delhi, within 15 days.

The Supreme Court earlier had asked Centre to consider Yadav's plea seeking more time to vacate his official bungalow in Delhi after Yadav's counsel Senior Advocate Kapil Sibal submitted that he was suffering from numerous ailments. 

Sibal had sought for time saying that Yadav was on ventilator for many days and has to undergo daily dialysis. Additional Solicitor General Sanjay Jain, appearing for the Centre, 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.

The bench disposed of the special leave petition by granting him time till May 31 on humanitarian grounds. It clarified that it has not gone into the issue of the validity of disqualification (which is pending before the High Court).

Background

The High Court bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla on March 15, 2022 had directed Yadav to vacate his official bungalow within 15 days. While considering an application filed by Ministry of Housing Urban Affairs seeking vacation of the stay order dated December 15, 2017, the High Court had said,

"We are of the view that since the petitioner stands disqualified, unless and until his disqualification is recalled, the same would need be given effect to. The provisions of the perks, including the residential accommodation to the Members of Parliament, or for that matter, to any other functionary of the State, are so provided so as to enable the functionary to discharge his or her functions efficiently. These are the perks that are attached to the office and are not personally conferred upon any person that dehors the office.

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."

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, namely, the Rashtriya Janata Dal, he has voluntarily given up the membership of the party. More specifically, 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. He had then challenged this decision before the Delhi High Court.

Case Title: Sharad Yadav v. Ram Chandra Prasad Singh and Ors| SLP (C) No 5235/2022

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