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Synopsis

The Delhi High Court on Tuesday adjourned Trinamool Congress (TMC) leader Mahua Moitra's plea challenging the Government of India's directive to vacate her government-allotted residence after her recent expulsion from the Lok Sabha for hearing on January 4, 2024. 

While adjourning the matter, the bench of Justice Subramonium Prasad said, "The matter is pending before the Supreme Court. If it decides to accept the interim application and decides to stay, consequences will follow...Now if you're inviting this court to pass an order...it will directly be intrinching to the matter pending in the Supreme Court."

"Therefore, in any event, The court opens on January 2, 2024. It is listed in SC on January 3. We'll take up on the 4th", the Judge added. 

Accordingly, the matter has been adjourned to January 4, 2024.

In her writ petition, Moitra emphasized that the legality of her expulsion as a Member of Parliament (MP) is currently under consideration by the Supreme Court of India.

Moitra contests the validity of the December 11 order issued by the Directorate of Estates, seeking her eviction from the official residence effective January 1, 2024. She urges the Court to either quash the order or grant directions allowing her to stay until the results of the 2024 general elections are declared, pledging to pay any applicable charges for the extended stay.

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.

Moitra, in her plea, argues that the eviction proceedings are premature as the Supreme Court is yet to rule on her expulsion. She emphasizes that even if expelled, she remains eligible to contest future elections.

Eviction would disrupt her ability to engage with party members, parliamentarians, and constituents, particularly in the lead-up to a general election, she contends, highlighting the significant challenges of campaigning while seeking new accommodation alone in Delhi.

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