The Delhi High Court Tuesday directed former Janata Dal (United) President Sharad Yadav to vacate within 15 days the government bungalow occupied by him in the national capital, saying that since he was disqualified as Rajya Sabha MP in 2017, there can be no justification to retain the accommodation.
A bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla directed Yadav to “hand over the bungalow at 7, Tuqhlak Road here to the government within 15 days” saying more than four years have elapsed since he was disqualified as Rajya Sabha MP.
The high court said it was not inclined to continue with the interim order passed by a single judge on December 15, 2017, by which he was allowed to avail the official perks and facilities of an MP including the use of his official residence at Tuqhlak Road here till the petition is decided.
However, the Supreme Court in June 2018 had partially modified the high court’s order, saying that he could retain his official accommodation but would not be entitled to salary and other benefits.
On Tuesday, the high court disposed of an application by the Centre seeking to lift a stay on the vacation of a government bungalow occupied by him in the national capital as he was disqualified as Rajya Sabha MP in 2017.
“The December 15, 2017 order stands vacated,” the division bench said and listed the main petition for hearing on April 21.
The bench said until and unless Mr Yadav’s disqualification is set aside, he has no right to occupy the government accommodation and added that the provision of perks, including residential accommodation, are provided to the functionaries of the state to enable them to discharge their functions.
It said the perks are conferred to any individual personally and they are not given for life.
“They are given till you are a member of Parliament. It is given so that the member can discharge duties efficiently while living in the vicinity of the Parliament. Since you are disqualified, you are not required to attend the Parliament,” the bench told the counsel for Mr Yadav.
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