1. Supreme Court issues notice to Lok Sabha secretary general on Mahua Moitra’s expulsion.
2. Trinamool Congress MP challenges expulsion over alleged “ethical misconduct”.
3. Court to examine Moitra’s plea; denies participation in House proceedings for now.
New Delhi, Jan 03: The Supreme Court has issued a notice to the Lok Sabha secretary general in response to a petition filed by Trinamool Congress (TMC) Member of Parliament Mahua Moitra, challenging her expulsion from the Lok Sabha over alleged “ethical misconduct.”
While the court agreed to examine Moitra’s plea, it refused to allow her to participate in the House proceedings in the meantime.
The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, emphasized that issues related to the court’s jurisdiction and the power of judicial review over a decision taken by a legislative house would be explored during the case.
The court has asked the Lok Sabha secretary general to respond within three weeks, and the next hearing is scheduled for March.
Solicitor General Tushar Mehta, representing the Lok Sabha secretary general, raised concerns about the judicial review’s scope in matters involving the internal discipline of a sovereign organ of the state.
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On the other hand, senior counsel Abhishek Manu Singhvi, representing Moitra, argued that the expulsion was based on flimsy grounds to stifle the Opposition’s voice.
Despite Mehta’s request not to issue a formal notice and raising concerns about national security related to Moitra allegedly sharing her login credentials, the bench decided to issue a notice.
Singhvi, seeking interim relief for Moitra to participate in House proceedings, was turned down by the bench, stating that it would be akin to allowing her writ petition.
The TMC MP from West Bengal’s Krishnanagar was expelled on December 8 over cash-for-query charges.
Moitra challenged the expulsion, alleging “substantial illegality” and “arbitrariness” by the House’s ethics committee, which recommended the action against her.
Moitra, known for her combative speeches, was expelled for her “direct involvement” in cash-for-query charges and “unethical” conduct, including sharing her login credentials.
The Lok Sabha adopted an ethics committee report recommending her expulsion for accepting gifts and possibly cash as a “quid pro quo” from businessman Darshan Hiranandani.
Moitra challenged the disqualification process, highlighting that she was not allowed to defend herself in the House during a discussion on the ethics committee’s findings.
The petition argues that the ethics committee arrived at its findings without following principles of natural justice, as Moitra was not allowed to cross-examine Hiranandani and Dehadrai, who concealed his relationship with her.
