Delhi High Court - Orders
Shri Sharad Yadav vs Shri Ram Chandra Prasad Singh & Anr on 15 March, 2022
Author: Navin Chawla
Bench: Navin Chawla
$~25 (2020)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11102/2017 & CM 21672/2018
SHRI SHARAD YADAV ..... Petitioner
Through Mr. Nizam Pasha, Adv.
versus
SHRI RAM CHANDRA PRASAD SINGH & ANR. ..... Respondents
Through Mr.Sanjay Jain, Additional Solicitor
General with Mr.Ajay Digpaul,
Central Government Standing
Counsel for UOI with Mr.Kamal
Digpaul Mr.Pinku Digpaul, Mr.
Nishank Tripathi, Advs.
Mr.Shivam Singh, Mr.Deep Prabhu,
Mr.Jaideep Khanna, Advs. for R-1.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 15.03.2022 CM 9607/2022
1. This is an application filed on behalf of the Ministry of Housing and Urban Affairs for the vacation of stay order dated 15.12.2017. The operative part of the said order reads as under:
"10. In this view, this Court is not inclined to interfere with the impugned order at this stage. However, it is clarified that the petitioner would be permitted to draw all allowances and pre-requisites including retaining the residential accommodation as a Member of the Rajya Sabha, till further orders."
2. The statement of the learned Additional Solicitor General, representing the Ministry of Housing and Urban Development, is that the Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:16.03.2022 18:20:23 Bungalow which was allotted to the petitioner in the capacity as a Member of Rajya Sabha, has been surrendered by the Rajya Sabha Secretariat into the Central Pool and the same stands allotted to a Union Minister. However, the continuation of the aforesaid order granting protection to the petitioner against the vacation, is coming in the way of the Bungalow being actually handed over to the new allottee.
3. Our attention has been drawn to the order passed by the Supreme Court in SLP(C) No.13922-13923/2018 dated 07.06.2018. A perusal of the said order shows that so far as all other perks and remuneration are concerned, it was stated on behalf of the petitioner that he would not withdraw the same pending further order of the High Court in these proceedings, however, in relation to the vacation of the official house, no statement was made by the petitioner herein.
4. The learned counsel for the petitioner submits that the term of the petitioner, assuming that the disqualification was not valid, would in any event come to an end on 07.07.2022. He further submits that the petitioner has not been keeping good health and has been hospitalised on several occasions. He further submits that the disqualification was effected without granting a hearing to the petitioner.
5. Having heard the learned counsels and considered the submissions, 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 Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:16.03.2022 18:20:23 are not personally conferred upon any person that dehors the office.
6. 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.
7. We are, therefore, not inclined to continue the interim order dated 15.12.2017 passed by the learned Single Judge. The same stands vacated. We direct the petitioner to hand over the possession of the official accommodation, that is, Bungalow no. 7, Tughlak Road, New Delhi, to the respondents/applicant within a period of fifteen days from today.
8. The application stands disposed of.
W.P.(C) 11102/2017 Since the Supreme Court has directed the early disposal of the writ petition, list the same for hearing on 21st April, 2022 at 2.30 pm. ACTING CHIEF JUSTICE NAVIN CHAWLA, J.
MARCH 15, 2022 RN Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:16.03.2022 18:20:23