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Moitra, in her plea, argued that the eviction proceedings are premature as the Supreme Court is yet to rule on her expulsion. She emphasized that even if expelled, she remained eligible to contest future elections
The Delhi High Court on Thursday asked expelled Lok Sabha member and TMC leader Mahua Moitra to approach the Directorate of Estates for permission to continue occupation of the government-allotted accommodation.
Justice Subramoniun Prasad noted that the rules permitted the authorities to permit the overstay of a resident for a certain time period in exceptional circumstances.
"Move a representation before the Directorate of Estates, and their action will be taken in accordance with the law," the judge said.
Consequently, the court allowed Moitra to withdraw the present petition while observing that the law mandated providing notice to a resident before her eviction from a premises.
"Needless to say that the government will take steps to evict the petitioner in accordance with the law," the court added.
It also ordered that it will be open to the Directorate of Estates to apply its own mind on the facts and circumstances of the case.
While disposing of the petition, the court clarified that since Moitra's counsel has withdrawn the petition without any substantial arguments, no observations are made on the merits of the case.
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 contested 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.
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