Supreme Court Adjourns TMC MP Mahua Moitra's Plea Against Expulsion From Lok Sabha To January 3

The Supreme Court today adjourned the Writ Petition filed by Trinamool Congress (TMC) leader Mahua Moitra challenging her expulsion from the Lok Sabha, after the House adopted the report of its ethics committee that held her guilty of accepting gifts and illegal gratification from a businessman to further his interest.

The Bench of Justice Sanjiv Khanna and Justice S.V.N. Bhatti said that the Court did not find time to read the file. The Court accordingly adjourned the matter to January 3. 

Senior Advocate Dr. Abhishek Manu Singhvi appeared for Moitra. Before he could make submissions, Senior Advocate Harish Salve submitted that he appeared for the complainant and that the complainant had not been made a party. 

Singhvi responded, "He is not the complainant. He is a person who forwarded the complainant's letters. He has no locus. His presence today as a member of Parliament shows the motivation". 

Salve submitted that he has moved an application for impleadment. The Court then said that it got the file only in the morning and did not get time to go through it. The Court accordingly adjourned the case. 

Earlier, the Writ Petition was mentioned before the Bench led by the Chief Justice of India D Y Chandrachud, urgently seeking a hearing. The CJI had assured the Counsel for Moitra that he would take a call on the urgent listing of her plea challenging her expulsion from the Lok Sabha.

The TMC leader approached the Apex Court against her expulsion after the Lower House of Parliament adopted a report by its ethics committee that held her guilty of accepting gifts and illegal gratification from a businessman to further his interests. The ethics committee found Moitra guilty of "unethical conduct" and contempt of the House as she allegedly shared her Lok Sabha members' portal credentials: user ID and password with unauthorised persons. 

Moitra faced expulsion as a Member of Parliament (MP) from the Lok Sabha on December 8, subsequent to the Ethics panel finding her guilty in the 'cash-for-query' case. After a heated debate in the Lok Sabha over the panel report during which Moitra was not allowed to speak, Parliamentary Affairs Minister Pralhad Joshi moved a motion to expel the TMC MP from the House for "unethical conduct" which was adopted by a voice vote.

The committee had also recommended that in view of the "highly objectionable, unethical, heinous and criminal conduct" of Moitra, an intense, legal and institutional inquiry be initiated by the government in a time-bound manner.

Reacting sharply to her expulsion, Moitra had equated the action with hanging by a "kangaroo court" and alleged that a parliamentary panel was being weaponised by the government to force the opposition into submission.

Cause Title: Mahua Moitra Vs. Lok Sabha Secretariat [W.P.(C) No. 001410 - / 2023]