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Synopsis

The Delhi High Court on Friday allowed expelled Lok Sabha member and TMC leader Mahua Moitra to withdraw her plea seeking a stay on her eviction from the government-allotted bungalow.

At the outset, the counsel for Moitra apprised the court that the plea has become infructuous as she has already vacated the premises.

"The petitioner is already stated to have vacated the accommodation in question. The petition is dismissed as withdrawn," said Justice Sachin Datta.

On January 16, Moitra had been instructed by the Directorate of Estates (DOE) to immediately vacate the government-allotted bungalow, which was allocated to her as a Member of Parliament.

Notably, on January 18, Justice Girish Kathpalia dismissed the TMC leader's plea seeking an interim stay on her eviction from the government-allotted bungalow.

"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 had ordered.

"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," the court had said.

Subsequently, on January 19, the TMC leader moved out of the government bungalow.

Earlier, on January 4, the high court asked the TMC leader to approach the DoE with a request to allow her to continue to occupy the government accommodation allotted to her.

Expulsion from Lok Sabha

Moitra's expulsion from parliament on December 8 followed a recommendation by an Ethics Committee, which found her guilty of accepting cash in exchange for posing questions in parliament. The TMC leader challenged her expulsion in the Supreme Court, and the matter is set for consideration on January 3, 2024.

Moitra was expelled on Friday December 8, 2023, on the basis of a report of the ethics committee that recommended the expulsion of Trinamool Congress MP Mahua Moitra in a "cash-for-query" case was introduced. 

On November 9, the Lok Sabha Ethics Committee, headed by BJP MP Vinod Kumar Sonkar, adopted a report recommending the expulsion of the Trinamool Congress leader from the Lok Sabha. The report was adopted by a 6-4 vote. The Congress MP Praneet Kaur voted in favor of the report, while the other four opposition MPs submitted dissent notes.

Case Title: Mahua Moitra v. Directorate of Estate & Anr.