Mahua Moitra Withdraws From Delhi High Court Plea Against Eviction From Govt Bungalow, Will Approach Directorate Of Estates

Trinamool Congress leader Mohua Moitra on Thursday withdrew from the Delhi High Court her plea challenging the cancellation of her government accommodation following her expulsion from the Lok Sabha in connection with the 'cash-for-query' allegations.

Moitra's counsel told Justice Subramonium Prasad that the TMC leader will approach the Union Government's Directorate of Estates for considering her case in accordance with the relevant Rules and to permit her to continue occupation of the government accommodation.

As the plea was withdrawn, the court directed the Union Government to take steps to evict Moitra from the government accommodation “only in accordance with law.”

Moreover, Justice Prasad clarified that the court had not made any observations on the merits of the case. The Court 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.

Moitra challenged the order whereby she has been asked to vacate the government accommodation by January 07. In the alternative, she had 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 stated that while Moitra's 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 had 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 stated.

It added 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 stated.

“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 read.

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.

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

Citation: 2024 LiveLaw (Del) 11