Mahua Moitra’s Removal from Lok Sabha: What Lies Ahead for the TMC Leader? Potential Paths Forward

Trinamool Congress member Mahua Moitra was dismissed from the Lok Sabha on Friday, following the House’s adoption of the ethics committee’s report, which concluded that she had accepted gifts and unlawful gratification from businessman Darshan Hiranandani in order to advance his interests.

According to Joshi, the committee report found Moitra guilty of “unethical conduct” and contempt of the House for disclosing her user ID and password for the Lok Sabha Member’s Portal to unauthorized individuals, which had a devastating effect on national security.

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Smt. Mahua Moitra should face harsh punishment for her grave offenses. Consequently, the Committee suggests that Smt. Mahua Moitra, MP be removed from the 17th Lok Sabha. The Committee recommends an extensive, legal, institutional probe by the Government of India in a timely way due to Smt. Mahua Moitra’s extremely undesirable, unethical, atrocious, and criminal conduct, according to the panel report.

It said that a “threadbare examination” had proven beyond a reasonable doubt that Moitra had given businessman Darshan Hiranandani her Lok Sabha login credentials “deliberately.” As a result, Smt. Mahua Moitra is guilty of acting unethically, violating the privileges accorded to members of Parliament, and showing disrespect for the House.

According to former Lok Sabha secretary general PDT Achary, Moitra may choose to file a Supreme Court challenge to the expulsion. Generally, procedural irregularities do not give rise to challenges to House proceedings. The Constitution’s Article 122 makes this explicit. It shields the proceedings from a judicial review,” Achary told to the source.

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Article 122 states that “any alleged irregularity of procedure shall not be used to call into question the validity of any proceedings in Parliament.” It says that “no officer or Member of Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.” This refers to authority vested in him by or under the Constitution for controlling procedure, conducting business, or maintaining order in Parliament.

But according to Achary, the Supreme Court stated that “those restrictions are only for procedural irregularities” in the Raja Ram Pal case from 2007. There might be more situations where judicial review is required.

According to reports, Moitra may appeal the committee’s ruling to the Supreme Court or a higher court on the grounds of fair hearing procedures and natural justice. Moitra may also contest the ethics committee’s authority and actions. She could contend that the procedures were improper and that the panel went beyond its authority.

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According to source, the ousted TMC MP may also pursue top Parliament or government officials via her party or other independent channels, claiming bias, discrimination, or any kind of misconduct during the committee’s deliberations.

The resolution presented by Joshi noted that Moitra’s “conduct has further been found to be unbecoming as a member of parliament for accepting gifts and illegal gratification from a businessman to further his interest which is a serious misdemeanour and highly deplorable conduct” on her part.

Om Birla references a 2005 case

A motion to remove Moitra for “unethical conduct” was made by Parliamentary Affairs Minister Pralhad Joshi, and it was approved by a voice vote.

Joshi requested the House to “resolve that continuance of Mahua Moitra as member of Lok Sabha is untenable and she may be expelled from the membership of the Lok Sabha” in accordance with the panel’s report and findings.

Speaker Om Birla rejected the call by the Trinamool Congress and other opposition members to allow Moitra to voice her opinions in the House, citing previous precedent.

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Birla noted that ten Lok Sabha members who were implicated in a “cash for questions” scheme had been ordered by then Speaker Somnath Chatterjee to not be allowed to speak in the House in 2005.

According to Joshi, on the same day the report was presented in the Lok Sabha in 2005, Pranab Mukherjee, who was the Leader of the House at the time, moved a resolution to expunge ten MPs.

The first report of the ethics committee regarding the complaint against Moitra filed by BJP member Nishikant Dubey was earlier presented by chairman Vinod Kumar Sonkar.