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Supreme Court of India 2020-03-19 dismissed

RAM CHANDRA PRASAD SINGH vs SHARAD YADAV

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

Ram Chandra Prasad Singh, a Rajya Sabha member and JD(U) leader, appealed against a High Court order rejecting his application to place additional evidence (of a political party formation in May 2018) in a writ petition challenging his disqualification. The respondent, Sharad Yadav, had been disqualified by the Rajya Sabha Chairman for voluntarily giving up JD(U) membership through anti-party conduct. The Supreme Court held that disqualification occurs on the date of voluntary giving up membership, not the adjudication date. While subsequent events generally cannot test the legality of a disqualification order, exceptions may exist. The Court upheld the High Court's rejection of the additional evidence, as post-disqualification events formed no basis for the original disqualification petition.

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Constitutional Law Anti-Defection Law Rajya Sabha Tenth Schedule Disqualification of Members Writ Petition Procedure and Evidence

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