The Delhi High Court on Thursday rejected Mahua Moitra's interim plea seeking to stay her eviction from government allotted bungalow.
Justice Girish Kathpalia holds that Moitra was allotted the accommodation because of her being an MP and that status ceased once she was expelled from Parliament.
The court notes that her expulsion has not been stayed by the Supreme Court and in that situation, she cannot be granted the relief sought under Article 226 of the constitution.
"The allotment of government accommodation to the petitioner was co-terminus with her status, which has come to an end upon her expulsion. 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 court said.
"To conclude, 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 at this stage to restrain the operation of the impugned eviction order. Accordingly, the application stands dismissed," it said.
The Delhi High Court bench has now listed the case for further hearing on January 24.
