In a significant development, the Delhi High Court has scheduled a hearing on January 4 to address the petition filed by Trinamool Congress leader Mahua Moitra. This petition challenges the cancellation of her government-provided accommodation, a decision that followed her expulsion from the Lok Sabha. This hearing is notably set a day after the Supreme Court is due to consider Moitra’s appeal against her Lok Sabha expulsion on January 3.
Justice Subramonium Prasad, presiding over the case, emphasized the interconnected nature of these events. He pointed out that any decision by the High Court could potentially overlap with the Supreme Court’s proceedings regarding Moitra’s expulsion. This situation arises from Moitra’s separate petition before the Supreme Court, where she is contesting her removal from the Lok Sabha.
Moitra’s legal team, led by Senior Advocate Pinaki Misra, has requested that the Directorate of Estates’ order dated December 11, which revoked her accommodation allotment, be overturned. Alternatively, they seek permission for Moitra to retain possession of her current residence until the outcome of the 2024 Lok Sabha elections is declared. Moitra’s counsel argues that this accommodation is crucial for her to effectively engage with party members, constituents, and other key stakeholders, especially in the lead-up to the elections.
Representing the Directorate of Estates, Additional Solicitor General Chetan Sharma and Central Government Standing Counsel Anurag Ahluwalia are involved in this case. The Directorate of Estates had passed the order canceling Moitra’s accommodation allotment following her expulsion from the Lok Sabha on December 8, 2023. Moitra faced expulsion due to allegations of “unethical conduct,” specifically accepting gifts from businessman Darshan Hiranandani and sharing her Parliament website user ID and password with him.
In her plea, Moitra has highlighted the premature nature of the order canceling her accommodation, given that the validity of her expulsion is still under adjudication by the Supreme Court. She argues that the question of her being an ‘unauthorized occupant’ and the subsequent jurisdiction of the Directorate of Estates should only arise after her claim to the government accommodation is legally resolved.
Moitra, who was first elected to the Lok Sabha from the Krishnanagar constituency in West Bengal in the 2019 general elections, has been re-nominated by her party for the 2024 elections. She contends that her expulsion does not disqualify her from contesting future elections. The instability in accommodation, she argues, would significantly hinder her ability to fulfill her duties, including campaigning and hosting important meetings. She has also expressed the personal burden she would face if evicted, as she currently has no alternative accommodation in Delhi.
The case presents a complex intersection of legal and political issues, with the outcome potentially impacting Moitra’s political career and living arrangements. The hearings in the Supreme Court and the Delhi High Court are thus being closely watched for their implications on parliamentary ethics, legal precedents, and the personal rights of elected representatives
