The Delhi High Court on Wednesday agreed to hear former JD(U) president Sharad Yadav’s plea seeking immediate setting aside of his disqualification from the Rajya Sabha.
The matter for urgent hearing was mentioned before a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar on the ground that the Winter session of Parliament is about to begin on Friday and he will not be able to participate in it if the order is not suspended.
Advocate Nizam Pasha, appearing for Yadav, submitted that he wants urgent listing of the matter so that an interim stay can be passed.
The counsel for the leader of JD(U) in the House, Ram Chandra Prasad Singh, opposed urgent listing of the matter.
The court, however, listed the matter for hearing today itself.
Yadav, in his plea, has submitted that he was not given any chance by the Rajya Sabha chairman before the order was passed against him and his party colleague and MP, Ali Anwar, on December 4.
He sought interim stay of the decision of Rajya Sabha Chairman M Venkaiah Naidu.
Yadav had joined hands with the opposition after Janata Dal(U) president and Bihar chief minister Nitish Kumar dumped the Grand Alliance with the RJD and the Congress in Bihar and tied up with the BJP in July this year.
While disqualifying Yadav and Anwar, the chairman had agreed to the JD(U)’s contention that the two senior leaders had “voluntarily given up” their membership by defying the party’s directives and attending events of opposition parties.
The JD(U) had sought their disqualification on the grounds that they had attended a rally of opposition parties in Patna in violation of its directives.
Yadav was elected to the House last year and his term was scheduled to end in July 2022. Anwar’s term was to expire early next year.
Singh had moved the Rajya Sabha Chairman praying for Yadav’s disqualification. Acting on it, Naidu had disqualified him as a member of the Rajya Sabha under the Anti-Defection Act.