Delhi: High Court dismisses Moitra’s petition challenging eviction notice

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19-01-2024

    Eviction notice was served to Moitra on January 16th

    Presently she has no right to continue in the said government accommodation: Court

    Lawyers highlighted Moitra's medical problems

The Delhi High Court dismissed a petition filed by the former Member of Parliament (MP) from the Trinamool Congress (TMC) Mahua Moitra challenging an eviction notice served to her on January 16th that directed her to vacate her government bungalow. “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 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. 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 mentioned. 

Moitra’s lawyers argued that her expulsion as an MP and the eviction order was not in accordance with the law and procedures in place and also highlighted her medical problems in light of campaigning for the Lok Sabha elections. The High Court observed that the issue can be brought to the notice of Supreme Court wherein a legal case pertaining to her expulsion as an MP is underway. 

Delhi: High Court dismisses Moitra’s petition challenging eviction notice

https://newsfirstprime.com/wp-content/uploads/2024/01/BeFunky-collage-2024-01-19T160833.150.jpg

    Eviction notice was served to Moitra on January 16th

    Presently she has no right to continue in the said government accommodation: Court

    Lawyers highlighted Moitra's medical problems

The Delhi High Court dismissed a petition filed by the former Member of Parliament (MP) from the Trinamool Congress (TMC) Mahua Moitra challenging an eviction notice served to her on January 16th that directed her to vacate her government bungalow. “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 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. 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 mentioned. 

Moitra’s lawyers argued that her expulsion as an MP and the eviction order was not in accordance with the law and procedures in place and also highlighted her medical problems in light of campaigning for the Lok Sabha elections. The High Court observed that the issue can be brought to the notice of Supreme Court wherein a legal case pertaining to her expulsion as an MP is underway. 

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