Delhi HC allows Mahua Moitra to withdraw plea against eviction from govt accommodation

The TMC leader was expelled from the Lok Sabha after the Ethics Committee of the House held her guilty of indulging in “unethical conduct” and committing “serious misdemeanours”. Moitra was accused of raising questions in Parliament on behalf of businessman Darshan Hiranandani, an allegation she has denied.

On January 18, the court had dismissed an interim plea by Moitra seeking a stay on her eviction from the accommodation. On January 19, the TMC leader vacated the premises located at Telegraph Lane.

A coordinate bench of the high court, while dismissing Moitra’s interim plea last month, had observed that she had been allotted the accommodation which was incidental to her status as a member of Parliament, “and that status having ceased upon her expulsion” had not been stayed by the Supreme Court despite hearing being given to her. The high court thereafter said that “presently” Moitra had no right to continue in the government accommodation in question.

“Accordingly, under Article 226 of the Constitution of India, she cannot be granted protection as sought. The allotment of government accommodation to the petitioner was co-terminus with her status, which has come to an end upon her expulsion. No specific rule has been brought before this court which would deal with the eviction of members of Parliament from government accommodation after they cease to be members,” the high court had said.

The court had then also noted that Moitra’s expulsion from Parliament was pending before the Supreme Court, and the issue of “extension of time” to vacate the accommodation was “inextricably linked” with her expulsion. The high court had also said that this was coupled with the fact that “as of now, the petitioner has no right”, and so at this stage, the court “was not inclined to invoke its jurisdiction under Article 226 of the Constitution of India to restrain the operation of the eviction order”.