The Delhi High
Court Thursday refused to stay the eviction notice issued to expelled Lok Sabha
member of TMC Mahua Moitra asking her to vacate her government accommodation.
Justice Girish
Kathpalia said no specific rule has been brought before the court which would
deal with the eviction of members of Parliament from government accommodation
after they cease to be MPs.
"To
conclude, in view of the pendency of the issue of expulsion of petitioner
(Moitra) 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," the court said in its detailed order.
The court listed
the petition of Trinamool Congress leader in which she has challenged the
eviction notice issued by the Directorate of Estates for further hearing on
January 24.
Earlier in the
day, Moitra pleaded before the high court to restrain the authorities from
evicting her from the government bungalow on cancellation of her allotment
following her expulsion, on medical grounds.
The DoE opposed the plea saying there was no whisper
of any medical or humanitarian condition in her representation given to the
authorities.