Delhi High Court directs former JDU president Sharad Yadav to vacate official MP bungalow

The Delhi High Court on Tuesday directed former Janata Dal (United) president Sharad Yadav to hand over to the Central government the official bungalow allotted to him while he was a Member of Parliament [Shri Sharad Yadav v Shri Ram Chandra Prasad and Anr]..Acting Chief Justice Vipin Sanghi and Justice Navin Chawla said that the bungalow is a perk attached to the term of office, and one cannot hold on to the same after disqualification from the House. "The provisions of the perks, including the residential accommodation to the Members of Parliament, or for that matter, to any other functionary of the State, are so provided so as to enable the functionary to discharge his or her functions efficiently. These are the perks that are attached to the office and are not personally conferred upon any person that dehors the office," the Court said.Since the petitioner stands disqualified and is not being required to discharge any responsibility or function as a Member of Rajya Sabha, there can be no justification for him to retain the official accommodation, the Court held.The bungalow in question at 7, Tughlak Road, was allotted to Yadav during his tenure as a member of the Rajya Sabha. He was disqualified from the House in 2017. .Yadav challenged his disqualification in 2017 and the Court, through an interim order, allowed him to avail the official perks and facilities including the use of his official residence. Last month, Ministry of Housing and Urban Affairs (MoHUA) filed an application in this petition arguing that Yadav has lived in the house for nearly five years now because of the court's order. Additional Solicitor General Sanjay Jain told the Court that the bungalow has been surrendered by the Rajya Sabha Secretariat into the Central Pool and the same stands allotted to a Union Minister.In his response, Yadav argued that his seat was taken away unfairly, and that he was not even heard on the allegations of disqualification.He said that there is a single-judge order that allowed him to retain possession of the property till his matter relating to disqualification is pending before the Court. Therefore, he argued that there is no question of asking him to return the bungalow's possession. .The High Court, however, said that it will vacate its earlier order and directed Yadav to hand over possession of the house within 15 days. .Yadav was represented by advocate Nizam Pasha, while the Central government was represented by Additional Solicitor General Sanjay Jain and Central Government Counsel Ajay Digpaul.Another respondent, one Ram Chandra Prasad Singh, was represented by advocates Shivam Singh, Jaideep Khanna and Deep Prabhu..[Read Order]