Plea on disqualification as RS MP: Naidu asks Sharad to present his case on Oct 30

“The challenges are enormous. The agenda has to be development, development, development through good governance and not controversies,” said Vice President Venkaiah Naidu. (PTI/File)

RAJYA SABHA Chairman M Venkaiah Naidu has asked Sharad Yadav, a member of the Upper House and a former Janata Dal (United) president, to appear before him in person on October 30 regarding the petition filed by JD(U) floor leader Ram Chandra Prasad Singh seeking his disqualification following his “defection” from the party. According to a Rajya Sabha communication sent to Yadav, the move is intended “to afford you an opportunity to represent your case, and to hear you in person before taking a decision in the matter”.

The summons have been sent under terms of sub-rule (7) of Rule 7 of the Members of Rajya Sabha (Disqualification on Ground of election) Rules, 1985, read with the Tenth Schedule of the Constitution, it was informed. This development implies that Naidu does not plan to refer the issue to the Committee on Ethics for a preliminary examination of the complaint, and would give his decision on the basis of the material placed before him.

Sources said there is nothing that the committee can look into, as this is not a case of corruption, irregularity or unethical conduct. There is nothing to be probed, and all relevant facts are already on record, they said.
According to http://www.rajyasabha.nic.in, “If any question arises as to whether a member of the House has become subject to disqualification under the Tenth Schedule, the question is referred to the Chairman, Rajya Sabha, and his decision is final. All proceedings in this regard are deemed to be proceedings of Parliament within the meaning of Article 122 of the Constitution and the jurisdiction of courts in respect of any matter connected with the disqualification of a member of the House under that Schedule is barred.”

Clause 2(1)(a) of the Tenth Schedule says that an MP “belonging to any political party shall be disqualified for being a member of the House if he has voluntarily given up his membership of such political party”.

Seven of the 10 Rajya Sabha members of the JD(U) in the Upper House had earlier removed Sharad Yadav as their leader and elected Ram Chandra Singh in his place. Calling itself the real JD(U), the Nitish Kumar faction of the party reasons that 17 of the party’s 20 national office-bearers, all 16 state units, all 71 MLAs and 30 MLCs in Bihar and nine MPs — seven of 10 in Rajya Sabha and two in Lok Sabha — had remained with it.

Sharad Yadav had submitted a 200-page reply to the Rajya Sabha Secretariat, stating that he represented the real JD(U). He argued that Nitish had betrayed the mandate in Bihar as well as the party’s national council to work for a non-BJP alliance comprising the JD(U), RJD and the Congress.