The Delhi High Court on Thursday dismissed Trinamool Congress Party (TMC) leader Mahua Moitra’s plea seeking to stay the govt order asking her to vacate her government accommodation following her expulsion from Lok Sabha.
Justice Girish Kathpalia of Delhi High Court dismissed Moitra’s application seeking a stay of the eviction order in view of the pendency of the issue of her expulsion from Lok Sabha before the Supreme Court. The court also refused to grant an extension of the eviction notice letting her stay in the govt house for a few more months.
The court noted that the issue of extension of time to vacate the government accommodation is inextricably linked with the plea pending with the Supreme Court. The Court further noted that as of date she has no right to govt accommodation as she is no longer an MP.
“This court is not inclined to invoke jurisdiction under Article 226 of the Constitution of India at this stage to restrain the operation of the impugned eviction order. Accordingly, the application stands dismissed,” the court said.
The court order further said, “The petitioner having been allotted the government accommodation incidental to her status as a Member of Parliament and that status having ceased upon her expulsion, which expulsion has not been stayed by the Hon’ble Supreme Court despite hearing afforded to her, presently she has no right to continue in the said government accommodation and accordingly, under Article 226 of the Constitution of India, she cannot be granted protection as sought.”
Senior Advocate Brij Gupta, along with Advocates Shadan Farasat and Warisha Farasat, appeared for Moitra. ASG Chetan Sharma appeared for Union Government’s Directorate of Estates.
Earlier on Wednesday, the former MP received fresh notice to vacate her government-allotted accommodation in New Delhi after she failed to vacate the house. This was the third notice served to Moitra by the Directorate of Estate, under the Ministry of Housing and Urban Affairs, asking her to vacate her official bungalow and comes shortly after she was expelled from the Lok Sabha in connection with the ‘cash-for-query’ case.
The Noice also warned of “use of force” if necessary, in case she does not vacate by the deadline.
“The Applicant vide Letter dated 08.01.2024 requested to initiate eviction proceedings against, you under the provisions of Public Premises (Eviction of Unauthorized Occupants) Act, 1971,” the notice of Office of the Estate Officer and Assistant Director of Estates (Litigation), Directorate of Estates read.
The Ministry of Urban Development served the second notice to Mahua on January 11 this year.
The TMC leader had approached the Delhi High Court, seeking the quashing of the notice issued by the Directorate of Estate cancelling her government accommodation in the national capital.
The plea stated that a notice had been issued to her on December 11, 2023, which directed her to vacate the house by 7.01.2024, failing which proceedings under the Public Premises (Eviction of Unauthorised Occupants Act) 1971 (‘PP Act 1971’) will be caused to be initiated.
The plea prayed to allow her to retain possession of her government accommodation till the results of the 2024 General Elections.
It also stated that the absence of government accommodation poses a significant impediment to the petitioner’s ability to host and engage with party members, parliamentarians, fellow politicians, visiting constituents, key stakeholders and other dignitaries, which is essential, especially in the lead up to a general election.
Rejecting these arguments, Justice Kathpalia observed that the allotment of government accommodation to Moitra was “co-terminus” with her status as an MP which has come to an end upon her expulsion from the Lok Sabha. “No specific Rule has been brought before this court which would deal with the eviction of Members of Parliament from the government accommodation after they cease to be the members,” the court said.
The court said that from the arguments of Mahua Moitra it was clear that she wanted to retain the govt bungalow so that she can effectively campaign for upcoming Lok Sabha elections. It further said that is not even a whisper of her unfortunate medical condition, which was being claimed by her counsel.
Moitra was on December 8, 2023, expelled from the Lok Sabha after a discussion on the report of the Ethics Committee in the ‘cash for query’ that was tabled in the Lower House. It was done after she admitted that she had given her parliament portal credentials to businessman Darshan Hiranandani. Using her login ID, Hiranandani had posted multiple questions on the TMC MP’s behalf in Lok Sabha. The questions were related to his businesses and targeted his rival, Gautam Adani.
While Moitra admitted she gave him the login credentials, she claimed it was not illegal. The expelled Lok Sabha MP alleged that she has been found guilty of breaching a code of ethics that ‘does not exist’.
She was forced to confess after Darshan Hiranandani filed an affidavit admitting that he had posted questions using her credentials. He had also disclosed that he gave her several expensive gifts and other favours in exchange of this.
The Ethics Committee report probing ‘Unethical Conduct’ of the TMC MP had recommended that Moitra “may be expelled” from the Lok Sabha and called for an “intense, legal, institutional inquiry” by the central government in a “time-bound manner”.
The report was adopted by a 6:4 majority in the panel last month. The report on Moitra’s cash-for-query case revealed that she visited the UAE four times from 2019 to 2023 while her login was accessed several times.
