Former Janata Dal (U) president Sharad Yadav, who has been disqualified as an MP by the Rajya Sabha chairman, cannot draw his salary, allowances or perks entitled to him as a Member of Parliament, the Supreme Court said today.
The top court modified the Delhi High Court order passed last year by which it had allowed Yadav to draw salary, allowances and perks till the pendency of his plea challenging the disqualification as an MP from the Rajya Sabha.
A vacation bench of justices A K Goel and Ashok Bhushan, however, allowed him to retain his official bungalow, as ordered by the high court on December 15 last year.
The apex court's decision came on a plea by JD (U)'s Rajya Sabha member Ramchandra Prasad Singh challenging the high court's interim order.
At the outset, senior advocate S Guru Krishna Kumar, appearing for Yadav, said that he was ready to forgo his salary, allowances and perks but he should be allowed to retain his official residence till the pendency of the petition in the high court.
He said that pending further orders of the high court, he will not draw any remuneration or other perks.
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The bench questioned the high court's direction allowing Yadav get the remuneration when he had been disqualified by the chairman of the Upper House.
"We will modify the order of the high court directing payment of salary, allowances and perks. As far as official residence is concerned, that part we are not touching and he can stay there till the pendency of his petition," the bench said.
Senior advocate Ranjit Kumar, representing Singh, said that the order of the high court should be modified as Yadav cannot be allowed to get salary and retain the official residence here since he was disqualified on December 4 last year.
Kumar said a direction should be passed that Yadav's petition before the high court be decided expeditiously by a division bench.
To this, the bench said, "Since on account of delay in proceedings the election to the vacant posts in case may be delayed, we request the high court to decide the writ petition at the earliest."
It said that since the matter is listed in the high court on July 12, no party shall seek any adjournment and the issue be adjudicated at the earliest