Tejashwi to vacate bungalow; no relief, Rs 50k fine from SC
Amit Anand Choudhary | TNN | Feb 9, 2019, 04:58 ISTHighlights
- A bench of CJI Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna said there was no legal point involved in the appeal filed by the politician challenging the Patna HC order directing him to vacate the government premises.
- The bench noted that he ceased to be deputy CM and must shift out of the premises which was allotted to him for holding the post.
NEW DELHI: RJD leader Tejashwi Yadav lost the legal battle to retain government bungalow allotted to him when he was deputy chief minister of Bihar and ended up paying a fine for wasting judicial time with the Supreme Court on Friday refusing to entertain his plea and imposing a cost of Rs 50,000 on him.
A bench of CJI Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna said there was no legal point involved in the appeal filed by the politician challenging the Patna HC order directing him to vacate the government premises. The bench noted that he ceased to be deputy CM and must shift out of the premises which was allotted to him for holding the post.
Senior advocate Abhishek Manu Singhvi, appearing for Yadav, insisted for a brief hearing to present the case. He said the post of a minister and that of the Leader of the Opposition was similar in protocol and there is no separate class like deputy CM. But the bench dismissed the petition saying there was no legal point involved in the case.
The bungalow at 5, Deshratan Marg was allotted to Tejashwai in 2015 after he was appointed the deputy CM in the government headed by Nitish Kumar. But with the break-up of the alliance and Nitish’s JD(U) joining the NDA, Tejashwi lost the post and became the LoP. He refused to vacate the premises saying he was entitled to it as the LoP.
After formation of the new government, the state allotted the bungalow to Sushil Modi who became the deputy CM. Tejashwi approached the Patna HC against the state government’s decision asking him to shift out of the bungalow but the court dismissed his plea. “The privilege, therefore, to retain the bungalow was dependent upon the discretion of the Government subject to the condition that the allotment would be of the same category to the leader of the opposition as that to a minister. It is not the case of the appellant that by virtue of the new allotment to the appellant of bungalow No. 1, Polo Marg, Patna that is presently occupied by the respondent No. 5 (Sushil Kumar Modi), is of a lesser category or not of a category which is available to a minister,” the bench said.
A bench of CJI Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna said there was no legal point involved in the appeal filed by the politician challenging the Patna HC order directing him to vacate the government premises. The bench noted that he ceased to be deputy CM and must shift out of the premises which was allotted to him for holding the post.
Senior advocate Abhishek Manu Singhvi, appearing for Yadav, insisted for a brief hearing to present the case. He said the post of a minister and that of the Leader of the Opposition was similar in protocol and there is no separate class like deputy CM. But the bench dismissed the petition saying there was no legal point involved in the case.
The bungalow at 5, Deshratan Marg was allotted to Tejashwai in 2015 after he was appointed the deputy CM in the government headed by Nitish Kumar. But with the break-up of the alliance and Nitish’s JD(U) joining the NDA, Tejashwi lost the post and became the LoP. He refused to vacate the premises saying he was entitled to it as the LoP.
After formation of the new government, the state allotted the bungalow to Sushil Modi who became the deputy CM. Tejashwi approached the Patna HC against the state government’s decision asking him to shift out of the bungalow but the court dismissed his plea. “The privilege, therefore, to retain the bungalow was dependent upon the discretion of the Government subject to the condition that the allotment would be of the same category to the leader of the opposition as that to a minister. It is not the case of the appellant that by virtue of the new allotment to the appellant of bungalow No. 1, Polo Marg, Patna that is presently occupied by the respondent No. 5 (Sushil Kumar Modi), is of a lesser category or not of a category which is available to a minister,” the bench said.
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