AAP’s Raghav Chadha to appeal eviction relief denial after challenging Rajya Sabha accommodation rule

Chadha was allotted type-VII accommodation—a bungalow on upscale Pandara Road as his official residence in September 2022. In March 2023, the chairman of the House Committee of the Rajya Sabha cancelled the allotment on the ground that being a first-time member of the House and a former MLA, Chadha was entitled to type-VI accommodation.

Chadha challenged the cancellation before an additional district court of Patiala House, which on November 26 refused to grant an interim injunction against his eviction from the bungalow.

In his writ petition before the high court, Chadha sought a direction to read down rule 212 (U) of the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha) “so as to save it from being declared as unconstitutional”.

Rule 212 (U) deals with the functions of the House Committee and stipulates that it shall deal with all matters relating to residential accommodation of members; exercise supervision over facilities for accommodation, telephone, food, medical aid and other amenities accorded to members; and shall consider and provide such amenities to members as may be deemed necessary from time to time.

Making submissions before the bench, senior advocate Singhvi said, “The suit court (trial court) observes repeatedly…that I’ve not challenged the Rule and therefore the suit court must necessarily evict me…without (following principles of) natural justice, without (granting) due hearing…The argument is, this (rule) gives unbridled power to the Chair (of House Committee) to cancel (residential allotments to MPs)…there is no change in (my) circumstances and he says I’ll cancel it…I’m not asking for it (the rule 212 (U) to be struck down, I’m asking it to be read correctly…trial court is reading it up, it has to be read down…The argument is, the chairman is the supreme leader and can decide as he likes…the same chairman (decides) without (following principles of) natural justice and (without granting opportunity of) hearing, cancels it (allotment)…it has only to be read down.”

The counsel for the Rajya Sabha secretariat, Additional Solicitor-General Chetan Sharma, however, raised a preliminary objection on the maintainability of the petition. It was pointed out that Chadha had not yet appealed against the additional district judge’s order refusing to grant him an interim injunction from being evicted from the property.

Making an oral prayer before the bench that Chadha be allowed to amend the petition to include a challenge to the trial court’s order as well, Singhvi requested the high court to post the matter for further consideration on Thursday.

On Monday, a division bench where Justice Rekha Palli is a member refused to take up the plea after she recused herself from hearing the matter citing personal reasons.

Prior to the allotment of the type-VII accommodation, Chadha was living in a type-VI bungalow. The type-VII bungalow was allotted to him following a request made by him in August 2022, and was cancelled in March 2023 following a review of residential allotments undertaken by the House Committee chairman, following a request from the Ministry of Housing and Urban Affairs.

Type-VII bungalows are allotted to MPs who were Union cabinet ministers, former governors or former chief ministers and former Lok Sabha Speakers.

Given that Chadha was entitled to a type-VI house, his allotment of a type-VII bungalow needed the approval of the House Committee chairman. The term of the then chairman, O P Mathur, ended in July 2022 and the subsequent chairman, C M Ramesh, took charge on November 2, 2022, meaning there was no House Committee chairman at the time of Chadha’s allotment in September 2022.

However, Chadha said his allotment was approved by the Rajya Sabha chairman, Vice-President Jagdeep Dhankhar.