SC rejects JD (U) demand to cancel Sharad Yadav's membership as he is not attending RS
New Delhi, Sep 11: The Supreme Court of India has rejected the application of Janata Dal (U) chief Nitish Kumar demanding cancellation of membership of Sharad Yadav which is pending sub-judice in the high court as former Union minister has joined a new party so his membership stands cancelled. However, the SC refused to accept pictures, CD and newspaper cuttings as the admissible evidence and asked the HC to decide the matter earliest.
Arun Kumar Srivastava, former Janata Dal (U) general secretary told One India that Nitish Kumar gave an application saying that since he is not attending working of the Rajya Sabha so he should not be given any facility. So Sharad Yadav told the court that he will not take any facility of Parliament till the matter is settled.
Srivastava said that the HC had given three dates August 11, 18 and 25 to hear the case and 45 minuet was allotted for this case. But in the meanwhile this application came. Sharad Yadav's lawyer Kapil Sibel argued that membership of the party can go only if someone voluntarily resigns or violates whip of the party and Sharad Yadav did not do anything like that.
However, Rajya Sabha Chairman office's order said Yadav had 'voluntarily given up his membership of the political party, Janata Dal (United) by which he was set up as a candidate for election to the Rajya Sabha' and has 'incurred disqualification'.
So Sharad Yadav has gone to the court against this order. The matter of Rajya Sabha membership of Sharat Yadav is pending with the high court. The high court asked Sharad Yadav to avail all facilities of the Rajya Sabha member including retaining the official bungalow allotted to him but barred him to attend proceedings of the Upper House.
Earlier another general secretary of Janata Dal (U) K C Tyagi gave him a notice not to attend the rally organized by a newly launched party which has declared him its patron. M Venkaiyah Naidu has canceled his membership when he appeared before him as he insisted to appear before him with his lawyer Kapil Sibal that was rejected by the vice president. Sharad Yadav called it violation of his fundamental right and had gone to the court for relief. The court wants evidence on the formation of new political from the election commission of India.