Sharad Yadav has joined new party: Nitish Kumar faction to HC

The Delhi High Court today sought to know the stand of former Janata Dal (U) president Sharad Yadav on a plea by the Nitish Kumar faction seeking to file documents to buttress its claim that he has formed and joined a new political party.

The application was moved on behalf of Ram Chandra Prasad Singh, leader of JD (U) in the Rajya Sabha, before a bench of Justices Hima Kohli and Rekha Palli which listed the matter for hearing on September 11.

Singh said as Yadav has formed and joined the Loktantrik Janata Dal, he wanted to place on record the documents in support of his claim.

The court, however, made it clear that the arguments on the application will lead to delay in hearing of the main petition moved by Yadav, challenging his disqualification from the Upper House by the Rajya Sabha chairperson.

The bench said since the Supreme Court on June 7 had asked the high court to expeditiously hear the main matter, it will start hearing it after the arguments in the application are over.

The court also laid down the schedule, including timings, for the arguments by both sides in the main matter.

It gave 45 minutes to each side on September 11 and 18 afternoon for arguments on the main matter and 30 minutes for rebuttal on September 25 and made it clear that there would not be any change in the time allotted. "No more, no less," the bench said.

Besides Yadav, his colleague and MP, Ali Anwar, has also moved a similar plea against his disqualification from the Upper House.

The court said that since Anwar's tenure as an MP got over in April 2018, his plea was infructuous and disposed it of.

The apex court on June 7 had allowed Yadav to stay in the official bungalow allotted to him, but had taken away the salary, allowances and other perks he was enjoying.

Earlier the high court had allowed Yadav to enjoy the salary, perks and allowances till his plea challenging his disqualification was finally decided.

Yadav has challenged his disqualification on several grounds, including that he was not given a chance to present his views by the Rajya Sabha chairman before he passed the order.

On the other hand, Ram Chandra Prasad Singh had sought disqualification of Yadav and Anwar on the ground that they had attended a rally of opposition parties in Patna in violation of party directives.

Yadav joined hands with the opposition after the JD(U) president and Bihar chief minister, Nitish Kumar, had dumped the alliance with the RJD and the Congress in Bihar and tied up with the BJP in July last year.

Yadav was elected to the Rajya Sabha last year and his term is scheduled to end in July 2022.

Both Yadav and Anwar were disqualified under the Anti-Defection Act.

The former JD(U) president's plea said that the December 4, 2017 order had disqualified him in an "extremely casual and callous way".