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The Supreme Court has agreed to hear a petition wherein, interim order passed by the Delhi High Court was challenged. The order was passed in the case where the member of the Rajya Sabha, Sharad Yadav (Janata Dal(United) Party) was disqualified.The plea in this case was filed by the leader of JD(U) and the matter has been listed for further hearing.
Sharad Yadav was disqualified from being the member of the Rajya Sabha on the ground of rivalry with another political party, under the Anti-Defection Law.
He challenged his disqualification under Section 2(1)(a) of the 10th Schedule of the Indian Constitution, together read with Rule 6 of the Members of Rajya Sabha Rules, 1985 in the High Court. The Delhi High Court did not allow Mr. Singh to file additional documents and evidences on the ground that it found the submissions unnecessary and thus this issue was attacked in the petition. It was however contended by Mr Singh that the documents prove that Yadav formed another political party after giving up his membership of JD(U) voluntarily and thus, the claim is false.
It was further asserted that the according to the facts it can be established that the membership has been given up voluntarily and thus he is liable to be disqualified as per the Indian Constitution and further pointed out that if writ petition is allowed in the favour of Yadav, then his conduct cannot be a ground to file another application. A stay was also demanded on in the petition.
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