New Delhi: The Delhi High Court on Thursday disposed of the petition of former TMC MP Mohua Moitra as her counsel withdrew the plea challenging the cancellation of government allotment.
The high court asked to move an application before the authorities (Directorate of Estates).
Justice Subramonium Prasad disposed the plea after hearing the submissions of Senior Counsel Pinaki Mishra who appeared for Mohua Moitra.
Justice Prasad asked the petitioner to move representation before the concerned authorities.
The bench has also asked the Central Government to act in accordance with the law.
Moitra had challenged the cancellation of government accommodation on the grounds that she was not given time.
She was expelled on the recommendation of the Ethics Committee of the Parliament in December 2023.
A notice has been issued on December 11, 2023. An intimation was sent to the petitioner by the Director of the Estate to hand over the vacant possession of said property on or before January 8, 2024.
The petitioner also prayed for a direction for retention of the accommodation till the result of the general election 2024.
"In what capacity the house was allotted? Have you approached the authorities?" Justice Prasad asked.
The bench also asked the counsel, whether they pressed a stay before the Supreme Court on Wednesday.
Counsel for Moitra submitted that the stay was not pressed before the apex court. There is a larger constitutional issue before the issue.
Cancellation of allotment is not before the apex court. Notice has been issued by the Supreme Court.
The bench asked the petitioner to approach the concerned authorities. He replied in negative.
Senior Counsel urged for protection if any adverse order is passed she may be granted 72 hours to approach the High Court.
Trinamool Congress (TMC) leader Mahua Moitra sought the quashing of the notice issued by the Directorate of Estate cancelling her Government Accommodation of Delhi.
Justice Prasad had said, "If the Supreme Court grants a stay in your favour, your suspension will be stayed. If we adjudicate on this, it will directly impinge on the SC proceedings."
Mahua Moitra through a plea in Delhi High Court has also sought a stay on the order issued on December 11, 2023, which directed to vacate the house by January 7, 2024, failing which proceedings under the Public Premises (Eviction of Unauthorised Occupants Act) 1971 ('PP Act 1971') will be caused to be initiated.
Recently Directorate of Estate under the Ministry of Housing and Urban Affairs asked Mahua Moitra to vacate her official bungalow, shortly after she faced expulsion from the Lok Sabha due to cash-for-query allegations.
The plea stated that the order cancelling the Petitioner's allotted accommodation is premised on the valid expulsion of the Petitioner from the Lok Sabha. The validity of her expulsion itself is, however, pending adjudication before the Supreme Court of India, involving significant questions of constitutional interpretation.
Plea urged to allow her to retain possession of her government accommodation till the 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. (ANI)
