Expelled TMC MP Mahua Moitra’s office says bungalow vacated before 10 am, no eviction took place

New Delhi [India], January 19 (ANI): Former Trinamool Congress (TMC) MP Mahua Moitra’s office informed reporters that the government bungalow occupied by the TMC leader in the national capital, was vacated by 10 am on Friday before the ‘authorities’ arrived and ‘no eviction’ took place.

“House number 9B Telegraph Lane occupied by Mahua Moitra, was fully vacated by 10 am this morning (January 19, 2024) and the possession was handed over by her lawyers to the Directorate of Estates, who are inspecting and engaged in due process. Premises were vacated before authorities arrived and no eviction took place at all,” Moitra’s office said in a statement to ANI.

Earlier, on Thursday, the Delhi High Court refused to grant relief to the TMC leader and denied her stay on the operation of eviction of the government bungalow.

Moitra challenged the eviction order and sought a stay.

The high court noted that her eviction was not stayed by the Supreme Court. Justice Girish Kathpaliya dismissed the interim application seeking a stay of operation of the eviction order of January 16, 2024.

Dismissing her application the high court stated, “In view of the pendency of the issue of expulsion of petitioner 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 petitioner has no right.”

“This court is not inclined to invoke jurisdiction under Article 226 of the Constitution of India to restrain the operation of the impugned eviction order. Accordingly, the application stands dismissed,” the HC stated in its order.

“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 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,” Justice Kathpaliya said in the order pronounced on Thursday.

The court stated further that the allotment of government accommodation to the ‘petitioner’ was a co-terminus with her status, which has come to an end upon her expulsion as a member of the Lower House of Parliament.

The court pointed out that no specific rule had been brought before the court pertaining to the eviction of MPs from the government accommodation after they cease to be members.

The petitioner sought retention of her government accommodation on the ground that her expulsion as a Member of Parliament was “contrary to law and the procedure laid down by Section 3B of the Act was not followed and despite the respondent no. 1 (Estate officer) having deferred the decision till resolution of representation of the petitioner by authorities the eviction order was passed”.

It was also submitted that in view of her medical condition and the difficulties she would face during campaigning for the upcoming Lok Sabha elections, she deserves an extension of time to vacate the government bungalow allotted to her.