IMPORTANT POINT
Facts and events subsequent to passing order generally cannot be a consideration to test legality of the order. However, subsequent event or conduct of member if relevant with respect to state of affairs as pertaining to the time of disqualification can be taken into consideration.

JUDGMENT :

ASHOK BHUSHAN, J.

This appeal has been filed against the Interlocutory Order dated 11.09.2018 passed by the Delhi High Court in C.M. Application No. 27159 of 2018 filed by the appellant in Writ Petition No. 11102 of 2017. By the said application, the appellant sought permission to submit additional documents and place material on record which has been rejected by the High Court.

2. Brief facts of the case giving rise to this appeal are: -

2.1 The respondent No.1 was elected as Member of Parliament (Rajya Sabha) from Bihar on a Janata Dal (United) [JD(U)] ticket for a term beginning from 08.07.2016 for a period of six years. The appellant, a Member of Parliament (Rajya Sabha) and leader of JD(U) in Rajya Sabha filed a petition before the Chairman, Rajya Sabha on 02.09.2017 under Article 102(2) read with paragraph 6 of the Tenth Schedule of the Constitution of India praying that the respondent No.1, Member of Rajya Sabha be disqualified under the Tenth Schedule of the Constitution of India and his seat be declared vacant in Rajya Sabha. The appellant in his petition has averred that respondent No.1, who was elected to the Rajya Sabha on the ticket of Janata Dal (United) from the State of Bihar had by his repeated conduct, public/press statements against the JD(U) and its leadership and openly aligning with the rival political party, Rashtriya Janata Dal (RJD), has voluntarily given up his membership, thus, acquiring disqualification under the Tenth Schedule to the Constitution.

2.2 The Chairman, Rajya Sabha got a copy of the petition filed by the appellant forwarded to the respondent, who was requested to furnish his comments thereon. The respondent after seeking extension of time filed his comments. The Chairman, Rajya Sabha after following the due procedure and after giving opportunity of oral hearing to the respondent No.1 passed an order on 04.12.2017 disqualifying the respondent as a member of the House in terms of paragraph 2(1)(a) of the Tenth Schedule of the Constitution.

2.3 Against the order dated 04.12.2017 passed by the Chairman of the Rajya Sabha, respondent filed a Writ Petition No. 11102 of 2017 in Delhi High Court.

2.4 In paragraphs 27 and 28, the Chairman, Rajya Sabha has observed: -

“27. After taking into account the facts of the case, the comments of the respondent and the petitioner, the respondent’s oral submission during the personal hearing on the 8th of November, 2017 and the observations of the Committee of Privileges of the Eighth Lok Sabha and Hon’ble Supreme court’s Judgment in the 1994 Ravi Naik Vs. Union of India case and observations in similar anti-defection cases, it is crystal clear that by his conduct, actions and speeches, the respondent, Shri Sharad Yadav, has voluntarily given up his membership of the political party, Janata Dal (United) by which he was set up as a candidate for election to the Rajya Sabha from the State of Bihar in 2016 and elected as such member.

28. I, therefore, hold that the Respondent Shri Sharad Yadav has incurred disqualification for being a Member of the House in terms of paragraph 2(1)(a) of the Tenth Schedule to the Constitution of India. He has thus ceased to be a Member of the Rajya Sabha with immediate effect. I decide and declare accordingly.”

2.5 The appellant, who was respondent in the writ petition filed C.M. Application No. 27159 of 2018 dated 07.07.2018 praying for seeking permission to place additional documents Annexure 1 and Annexure 2 filed alongwith the application to be taken on record.

2.6 An affidavit in reply to the above application was filed by the petitioner. In his affidavit, the writ petitioner denied averments made in the application. In paragraph 2 of the affidavit, following was stated: -

“2. That I have gone through the contents of the application filed by the respondent No.1 seeking permission to place additional material on record to demonstrate some purported post disqualification conduct of the petitioner. I wish to deny each and