Rebel JD(U) leader Ali Anwar moves Delhi High Court against Rajya Sabha disqualification

Ali Anwar, who was disqualified from the Rajya Sabha recently, on Thursday moved the Delhi High Court seeking restoration of his membership. File image of Delhi High Court. PTIFile image of Delhi High Court. PTI Anwar said in his plea he was not given any chance by the Rajya Sabha Chairman to be heard before he disqualified him and former JD(U) president Sharad Yadav on 4 December. The high court had refused to grant an interim stay on the disqualification of Yadav as a Rajya Sabha member on 15 December but allowed him to draw his salary, allowances and perks, and retain the bungalow. The plea by Anwar, seeking an interim stay on the decision of Rajya Sabha Chairman M Venkaiah Naidu, was mentioned before a bench headed by Acting Chief Justice Gita Mittal on Thursday for urgent hearing. The bench listed the matter for hearing on Friday. Anwar, who had rebelled against the official JD(U) faction led by Bihar Chief Minister Nitish Kumar after the latter joined hands with the BJP, has termed the RS chairmans order as "perverse, contrary to the rules of the natural justice and is also tainted with malafides". The plea stated that the filing of an application before the Election Commission of India by the Yadav-led faction for recognition as the real JD(U) cannot lead to the inference that he voluntarily gave up his membership of the party. "The dispute before ECI was in respect of which faction constitutes the JD(U) and, therefore, any adjudication by the ECI on a petition filed by the supporters of the petitioner cannot be termed as anti-party activity by any stretch of imagination," the plea said. Anwar was elected to the House in year 2012 and his tern was scheduled to expire early next year. Naidu, while disqualifying the two, had accepted the JD(U)s contention that they had "voluntarily given up" their party membership by defying its directives and attending events of opposition parties. The JD(U) had sought their disqualification on the ground that they had attended a rally of opposition parties in Patna in violation of its directive.

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