Today, on 29th April, the Supreme Court scheduled to hear MP Mahua Moitra’s plea challenging her Lok Sabha expulsion in July. The court stated, “Take it up for hearing on a non-miscellaneous day,” setting the date three weeks later.
New Delhi: The Supreme Court of India scheduled to hear a plea filed by MP Mahua Moitra, a leader of the All India Trinamool Congress (TMC), contesting her expulsion from the Lok Sabha.
The case will be reviewed by a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar.
This follows the Lok Sabha Secretariat’s submission of its response to the court in March of last year.
Senior Advocate Abhishek Manu Singhvi, representing Mahua Moitra, contended that the case raises significant constitutional questions and requested a thorough hearing.
He stated,
“It is a much larger question, my lordships should hear it at some leisure. At some length.”
On the opposing side, Solicitor General Tushar Mehta, representing the Lok Sabha Secretariat, recognized the case’s significance, referring to it as “an interesting question as a constitutional issue.”
After considering the initial arguments, the Supreme Court bench decided to schedule the case for a hearing on a non-miscellaneous day.
The Court stated,
“Take it up for hearing on a non-miscellaneous day. List after 3 weeks. It will come in July.”
The court set the hearing date for three weeks later, meaning the case will be addressed in July.
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Moitra’s expulsion from the Lok Sabha occurred in October 2022, following allegations of misconduct.
These allegations included claims of violating the code of conduct for Members of Parliament, particularly regarding her behavior and statements made during sessions. The expulsion created controversy, with her party, the All India Trinamool Congress (TMC), and Moitra herself asserting that the action was politically motivated.
In March 2023, the Lok Sabha Secretariat submitted its response, defending Moitra’s expulsion. In turn, Mahua Moitra approached the Supreme Court to contest her removal.
Her legal team, led by Senior Advocate Abhishek Manu Singhvi, argued that the case raises important constitutional questions regarding the powers of the Lok Sabha and the procedures for expulsion.
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Moitra’s plea claims that her expulsion was arbitrary, did not follow due process, and infringed upon her rights as a Member of Parliament.
Ms. Mahua Moitra, known for her outspoken stance on democratic values and institutional integrity, is expected to present her grievances and recommendations before the Commission.
A key issue in this case is whether the Speaker of the Lok Sabha and Parliament have the constitutional authority to expel a sitting MP without adequate procedures or recourse. The case also examines whether an MP’s expulsion can be legally challenged or if such decisions fall solely within Parliament’s jurisdiction.
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