Delhi HC dismisses Mahua Moitra's plea seeking stay on eviction order

NEW DELHI: The Delhi High Court on Thursday dismissed TMC leader Mahua Moitra's plea seeking to restrain the operation of eviction of government accommodation. Earlier on Wednesday, Trinamool Congress Party (TMC) leader Mahua Moitra received fresh notice to vacate her government-allotted accommodation in New Delhi.

This is the third notice served to Moitra by the Directorate of Estate, under the Ministry of Housing and Urban Affairs, asking her to vacate her official bungalow and comes shortly after she was expelled from the Lok Sabha in connection with the 'cash-for-query' case.

"The Applicant vide Letter dated 08.01.2024 requested to initiate eviction proceedings against, you under the provisions of Public Premises (Eviction of Unauthorized Occupants) Act, 1971," the notice of Office of the Estate Officer and Assistant Director of Estates (Litigation), Directorate of Estates read. The Ministry of Urban Development served the second notice to Mahua on January 11 this year.

The TMC leader had approached the Delhi High Court, seeking the quashing of the notice issued by the Directorate of Estate cancelling her government accommodation in the national capital. The plea stated that a notice had been issued to her on December 11, 2023, which directed her to vacate the house by 7.01.2024, failing which proceedings under the Public Premises (Eviction of Unauthorised Occupants Act) 1971 ('PP Act 1971') will be caused to be initiated.

The plea prayed to allow her to retain possession of her government accommodation till results of the 2024 General Elections. It also stated that the absence of government accommodation, however, poses 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.

Moitra was on December 8, 2023, expelled from the Lok Sabha after a discussion on the report of the Ethics Committee in the 'cash for query' that was tabled in the Lower House. Moitra, who was not allowed to speak during the discussion inside the House, said that the Ethics committee broke every rule.

The expelled Lok Sabha MP alleged that she has been found guilty of breaching a code of ethics that 'does not exist'. The Ethics Committee report probing 'Unethical Conduct' of the TMC MP had recommended that Moitra "may be expelled" from the Lok Sabha and called for an "intense, legal, institutional inquiry" by the central government in a "time-bound manner".

The report was adopted by a 6:4 majority in the panel last month. The report on Moitra's cash-for-query case revealed that she visited the UAE four times from 2019 to 2023 while her login was accessed several times.