Delhi High Court Refuses To Stay Eviction Order Asking TMC Leader Mahua Moitra To Vacate Government Accommodation Immediately

The Delhi High Court on Thursday refused to stay the eviction order issued to Trinamool Congress leader Mohua Moitra asking her to vacate the government bungalow immediately, following her expulsion from the Lok Sabha in December last year.

Justice Girish Kathpalia dismissed Moitra's application seeking stay of the eviction order in view of the pendency of the issue of her expulsion from Lok Sabha 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 she 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.

It added: “The petitioner having been allotted the government accommodation incidental to her status as a Member of Parliament and that status having ceased upon her expulsion, which expulsion has not been stayed by the Hon'ble Supreme Court despite hearing afforded to her, presently she has no right to continue in the said government accommodation and accordingly, under Article 226 of the Constitution of India, she cannot be granted protection as sought.”

The court has now listed Moitra's plea, challenging the eviction order issued to her on January 16 by the Union Government's Directorate of Estates, for hearing on January 24 before the roster bench.

She was sent the eviction notice asking her to vacate the government bungalow she had been allotted as an MP and warning of "use of force" if necessary.

Senior Advocate Brij Gupta, along with Advocates Shadan Farasat and Warisha Farasat, appeared for Moitra. ASG Chetan Sharma appeared for Union Government's Directorate of Estates.

Moitra sought retention of her government accommodation submitting that her expulsion as an MP was contrary to law and that the procedure laid down by Section 3B of the Eviction of Unauthorized Occupants) Act was not followed. 

She also submitted that despite the Directorate of Estates having deferred the decision till resolution of her representation by the estate officer, the eviction order was passed. 

It was also Moitra's case that in view of her medical condition and the difficulties she would face during campaigning for 2024 Parliament Elections, she deserved extension of time to vacate.

Rejecting her plea seeking interim stay on the eviction order, Justice Kathpalia observed that allotment of government accommodation to Moitra was “co-terminus” with her status as an MP which has come to an end upon her expulsion from the Lok Sabha. 

“No specific Rule has been brought before this court which would deal with the eviction of Members of Parliament from the government accommodation after they cease to be the members,” the court said.

It added that even according to Moitra, the issue of government accommodation would fall within the scope of proceedings pending before the Supreme Court, as submitted on behalf of the Union Government.

The court said that nothing prevented Moitra from seeking relief of extension of time to vacate the government accommodation by approaching the Supreme Court where the basic dispute of her expulsion is pending consideration.

The court said that the entire tone and tenor of Moitra's representation submitted on January 05 before the Directorate of Estates showed that the solitary basis of her claim of extension of time to vacate was her being an MP and her requirement of the government accommodation so as to enable her effectively campaign in the General Elections of 2024.

There is not even a whisper of her unfortunate medical condition in the said representation, the court said. 

Moitra had filed a writ petition challenging the cancellation of her government accommodation. The same was disposed of by a single judge after she withdrew the same submitting that she will approach Union Government's Directorate of Estates for considering her case.

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

The single judge had clarified that the court had not made any observations on the merits of the case. The court had 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.

On January 16, the fresh eviction notice was issued to Moitra by the Directorate of Estate asking her vacate her official bungalow immediately.

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) 66

Click Here To Read Order