Delhi High Court Adjourns TMC Leader Mahua Moitra's Plea Against Cancellation Of Government Accommodation To January 4

The Delhi High Court on Tuesday adjourned to January 04 the plea moved by Trinamool Congress leader Mohua Moitra, who was recently expelled from the Lok Sabha in connection with the 'cash-for-query' allegations, challenging the cancellation of her government accommodation. 

Moitra has been asked to vacate the government accommodation by January 07, 2024.

Justice Subramonium Prasad deferred the hearing noting that adjudication in the matter will be directly impinging on the proceedings in Moitra's plea against her expulsion before the Supreme Court.

“You have challenged the order by filing a writ petition. One of the prayers can also be for stay of the order. If the Supreme Court decides to grant stay, consequences will follow which will include the order being stayed. Court reopens on 2nd (January)…. If I adjudicate on this, it will be directly impinging on the Supreme Court proceedings,” the court told Moitra's counsel.

It accordingly adjourned the matter for hearing on January 04, in view of the fact that Moitra's petition challenging her expulsion is coming up before the Supreme Court on January 03.

Moitra has challenged an order issued by the Union Government's Directorate of Estates cancelling her government accommodation w.e.f. January 07, 2024, and directing her to vacate the same by the said date.

In the alternative, Moitra has also sought a direction to allow her to retain the possession of her government accommodation till the results of the 2024 General Elections.

The plea has been filed through Advocates Hrishika Jain, Natasha Maheshwari and Aman Naqvi.

It states that while Moitra's bona fide claims as to the invalidity of her expulsion from the Lok Sabha remain pending before the Supreme Court, she cannot be evicted from her government residence using the “summary procedure” sought to be followed by the Directorate of Estates.

Moitra has further said that since her expulsion from the Lok Sabha does not disqualify her, she will be running again for the elected office and will need to focus her time and energies on her constituents.

“Instability in accommodation, however, would pose a significant impediment to the Petitioner's ability to host and engage with party members, parliamentarians, fellow politicians, visiting constituents, key stakeholders and other dignitaries, which is essential, especially in the lead up to a general election,” the plea states.

It adds that Moitra is a woman living alone in the national capital and has no place of residence or alternative accommodation here.

If evicted from her government accommodation, Moitra will have to fulfil the duties of campaigning while also finding, and then shifting to, a new residence all by herself which will place an onerous burden on her, the plea states.

“Thus, in the alternative, the Petitioner prays that she be allowed to continue residing in her current house till the results of the 2024 General Elections. In the event that the Petitioner is so allowed, she will readily undertake to pay any charges that may be applicable for the extended period of stay,” the plea reads.

49-year-old Moitra was expelled as a Lok Sabha Member of Parliament (MP) on December 08 following the Ethics panel's determination of her guilt in the 'cash-for-query' case.

Moitra had been accused of receiving cash in exchange for posing questions on behalf of businessman and friend Darshan Hiranandani. In an interview with The Indian Express, she had accepted the fact that she had provided her Parliament login and password details to Hiranandani, however, she had refuted the claim of receiving any cash from him.

Moitra has also filed a defamation case against Dehadrai and BJP MP Nishikant Dubey before the Delhi High Court in connection with the dispute. The same is also listed for hearing tomorrow before Justice Sachjn Datta.

Title: MAHUA MOITRA v. DIRECTORATE OF ESTATES, GOVERNMENT OF INDIA & ANR.