Acting Chief Justice Vipin Sanghi and Justice Navin Chawla said that the bungalow is a perk attached to the term of office, and one cannot hold on to the same after disqualification from the House.
“The provisions of the perks, including the residential accommodation to the Members of Parliament, or for that matter, to any other functionary of the State, are so provided so as to enable the functionary to discharge his or her functions efficiently. These are the perks that are attached to the office and are not personally conferred upon any person that dehors the office,” the Court said.
Since the petitioner stands disqualified and is not being required to discharge any responsibility or function as a Member of Rajya Sabha, there can be no justification for him to retain the official accommodation, the Court held.
The bungalow in question at 7, Tughlak Road, was allotted to Yadav during his tenure as a member of the Rajya Sabha. He was disqualified from the House in 2017.
Source: Barandbench
