Millennium Post

Sharad Yadav may have to refund salary if he remains disqualified: HC

New Delhi: The Delhi High Court on Thursday observed that former JD(U) president Sharad Yadav may have to refund the salary drawn by him during the pendency of his petition challenging his disqualification as a Rajya Sabha member, if he was not successful in his plea.
The observation by the Justice Rajiv Shakdher came during the hearing of an application moved by Ram Chandra Prasad Singh, who is leader of the JD(U) in the Upper House, seeking modification of the court's order allowing Yadav to enjoy the perks, salary, allowances and bungalow of an MP.
The court, however, did not pass any order and listed the matter for directions on March 21 when it will decide whether Yadav's plea has to be heard by a single judge or a division bench.
The matter was listed for directions as Singh in his plea has sought that Yadav's petition against his disqualification be heard by a division bench of the high court.
Meanwhile, Additional Solicitor General (ASG) Sanjay Jain, appearing for the Rajya Sabha chairman, said his client's stand would be indicated by way of an affidavit before the next date of hearing.
In his application, moved through advocates Gopal Singh and Shivam Singh, Ram Chandra Prasad Singh has said that since payment of emoluments and allowances to MPs are based on their participation in the House proceedings, Yadav was not entitled to such benefit as he has not been permitted to attend the Parliament or its committees.
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