Mahua Moitra Moves Delhi HC Challenging Her Accommodation Eviction

Trinamool Congress leader Mahua Moitra, who was recently ousted from the Lok Sabha, approached the Delhi High Court on Monday, contesting the cancellation of her government accommodation and the directive to vacate the residence by January 7, 2024.

The plea, anticipated for hearing on Tuesday, seeks to overturn the December 11 order by the Directorate of Estates or, alternatively, requests Moitra to retain possession of the accommodation until the results of the 2024 Lok Sabha elections are announced.

Moitra, found guilty of “unethical conduct” and expelled from the Lok Sabha on December 8, for allegedly accepting gifts from businessman Darshan Hiranandani and sharing her user ID and password for the Parliament website with him, has already contested her expulsion in the top Court.

The Supreme Court is scheduled to hear the case next on January 3, 2024.

In her plea before the high court, Moitra argued that the Directorate of Estates’ order was issued subsequent to her expulsion from the Lok Sabha. Moitra’s petition stated, “The impugned order is premature as the validity of the petitioner’s expulsion is pending adjudication before the Supreme Court of India.”

“In such circumstances where the question of whether the petitioner is an ‘unauthorized occupant’ is under adjudication before the highest constitutional court of the land. The respondent no. 1 (Directorate of Estates), as an executing authority, cannot initiate proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act 1971 for evicting the petitioner.”

The plea asserted, “It is only once the petitioner’s claim to rightfully occupy the government accommodation is duly adjudicated that the question of the estate office’s/respondent no. 1’s jurisdiction arises.”

Moitra highlighted that she was elected to the Lok Sabha for the first time from Krishnanagar constituency in West Bengal in the 2019 general elections, and her party has selected her as its candidate from there for the 2024 LS polls as well. Since her expulsion from the Lok Sabha does not disqualify her from contesting elections, she intends to run again and needs to focus her time and energies on her constituents.

The plea stated, “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.”

Moitra explained that she is living alone in Delhi and has no other place of residence or alternative accommodation here. If evicted from her government accommodation, she would have to fulfill campaign duties while also trying to find a new residence.

The petition concluded, “In the alternative, the petitioner prays that she be allowed to continue residing in her current house until 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.”