The Delhi High Court on January 18 refused to stay the eviction notice issued to expelled Lok Sabha MP and TMC leader Mahua Moitra. In its order, the high court stated that Moitra has no right to continue living in the government bungalow as she has been suspended as an MP.
In the detailed order, Justice Girish Kathpalia also said no specific rule has been brought before the court that would deal with the eviction of members of Parliament from government accommodation after they cease to be MPs.
“To conclude, in view of the pendency of the issue of expulsion of petitioner (Moitra) before the Supreme Court and the issue of extension of time to vacate the government accommodation being inextricably linked with that, coupled with the fact that as on date petitioner has no right, 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 said in its order.
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The court listed Moitra’s petition in which she challenged the eviction notice issued by the Directorate of Estates (DoE) for further hearing on January 24.
Former MP in hospital
Earlier, in her appeal to the high court, Moitra pleaded not to throw her out of the premises for the time being as she is a single woman and is undergoing treatment at a hospital.
Senior advocate Brij Gupta, representing Moitra, submitted that she had undergone a surgical procedure and was admitted to a private hospital. While representing the DoE, Additional Solicitor General (ASG) Chetan Sharma and central government’s standing counsel Anurag Ahluwalia, opposed the plea saying there was no whisper of any medical or humanitarian condition in her representation to the authorities.
Ready to pay charges:
Moitra’s counsel said she was ready to pay the charges to the authorities but she should not be thrown out of the premises at this stage.
“Whatever you wish to charge, I am ready to pay. Don’t throw me out. I have a medical condition. I am being treated at Medanta Hospital here and was in ICU. I have no other house in Delhi. Treat it as my mercy petition. I am pleading for mercy,” the counsel submitted on Moitra’s behalf.
On being asked how much time she requires to vacate the property, Brij Gupta said four months would be ideal, but if the court feels it is too much, even two or two and a half months would be fine.
He said Moitra was ready to give an undertaking to vacate the premises in four months.
“You say you are ill and you need some time, on these grounds… Why four months? Why not three days to vacate? My thought is if you would have said three days, four days or a week, they would have looked into it,” the judge said.
The notice asking Moitra to vacate the bungalow immediately was issued to her on January 16.
Moitra, who was expelled from the Lok Sabha on December 8, 2023, was earlier asked to vacate the house by January 7 after the allotment was cancelled.
With agency inputs.
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Aisha Patel is a dedicated Indian correspondent with a deep understanding of the nation’s diverse affairs. With a background in Indian culture, politics, and current events, she provides in-depth analysis and timely reporting on domestic issues within India.
