SC rejects plea to consider Sharad Yadav's subsequent acts over his disqualification

The Supreme Court has dismissed a plea by Janata Dal (United) leader Ram Chandra Prasad Singh to take on record subsequent acts and conduct of the then party leader Sharad Yadav, including formation of Loktantrik Janata Dal, to determine validity of his disqualification as Rajya Sabha MP on December 4, 2017.

A bench of Justices Ashok Bhushan and M R Shah said the disqualification is incurred by member of the House as soon as he has voluntarily given up his membership of such political party.

Since the additional evidence, like formation of new political party on May 18, 2018 sought to be brought on record of the writ petition, it was not the basis for seeking disqualification. Hence, we do not find any error in the order of the High Court, the bench said.

The Delhi HC had on September 11, 2018 declined to consider such materials and events which took place subsequent to Yadav's disqualification, to decide a plea by him against it.

The top court asked the Delhi High Court to dispose of the writ petition filed by Yadav "at an early date".

Yadav had questioned validity of the order by the RS Chairman, disqualifying under the Tenth Schedule (anti-defection law) of the Constitution before the High Court.

Singh sought to bring on record subsequent conduct of Yadav like contesting of the Lok Sabha Elections from rival political party Rashtriya Janata Dal (RJD), to support his disqualification. This, he claimed, clearly proved that he had voluntarily given up membership of JD(U) and had joined RJD.

However, the HC said the subsequent conducts and events, which has taken place after disqualification by the RS Chairman were not relevant.

The top court agreed to the HC's view. However, it said in a writ petition filed under Article 226 of the Constitution, subsequent events can be taken note of for varied purposes.

The bench said there can be exception to the statement of law by the High Court.

Yadav had joined hands with the opposition after JD(U) president and Bihar chief minister Nitish Kumar dumped the alliance with the Rastriya Janata Dal and the Congress in Bihar and tied up with the BJP in July, 2017.