Mahua Moitra expelled from Lok Sabha: What next for the firebrand TMC leader?

Trinamool Congress MP Mahua Moitra’s expulsion from the Lok Sabha in the alleged cash-for-query case has stirred a political storm. The firebrand leader, flanked by the INDIA bloc members on Friday (8 December), vowed to fight the ruling Bharatiya Janata Party (BJP) for the next 30 years, "inside and outside Parliament, inside gutter, on streets".Moitra was expelled from the lower house after a report from its Ethics Committee found her guilty of “unethical conduct” and committing “serious misdemeanours”, and recommended her removal. “In view of highly objectionable, unethical, heinous and criminal conduct of Mahua Moitra, the Committee recommend for an intense, legal, institutional inquiry by the Government of India in a time-bound manner,” Hindustan Times (HT) cited the Lok Sabha Ethics Committee’s report as saying.While the TMC has backed Moitra and her expulsion has brought the INDIA alliance together, the 49-year-old can also explore legal options if she wants to challenge the decision.Let’s take a closer look.How Mahua Moitra was expelledOn Friday, Union minister Pralhad Joshi moved a motion in the Lok Sabha to expel Moitra for "unethical conduct" as the Ethics Committee's report was tabled in the House.According to HT, the motion said that the now-expelled Krishnanagar MP’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".Joshi’s motion was then adopted by a voice vote.The Ethics Committee's report said that a “threadbare examination” had undoubtedly revealed that Moitra had “deliberately” shared her Lok Sabha login credentials with businessman Darshan Hiranandani. “Therefore, Mahua Moitra is guilty of unethical conduct, breach of her privileges available to Members of Parliament and contempt of the House".The panel had probed the allegations against the TMC leader based on a complaint filed by BJP member Nishikant Dubey who had accused her of “taking bribes” for asking questions in Parliament.What options does Mahua Moitra have?Mahua Moitra can move the Supreme Court or the High Court now.Former Lok Sabha secretary general PDT Achary told Indian Express that the TMC leader can challenge her expulsion in the top court. “Normally, House proceedings cannot be challenged on the ground of procedural irregularity. Article 122 of the Constitution is clear. It gives immunity to the proceedings from a challenge from court.”[caption id="attachment_13483742" align="alignnone" width="640"]

TMC leader Mahua Moitra has vowed to fight the BJP. PTI[/caption]Article 122 states that the “validity of any proceedings in Parliament shall not be called (into) question on the ground of any alleged irregularity of procedure”. It further states that “no officer or Member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers”.However, Achary said that the Supreme Court said in the 2007 Raja Ram Pal case that “those restrictions are only for procedural irregularities. There may be other cases where judicial review may be necessary,” the newspaper reported.In 2005, the then BSP leader Raja Ram Pal, along with 11 other MPs, was expelled from Parliament for alleged involvement in a cash-for-query scam.ALSO READ: Timeline | How the cash-for-query case against Mahua Moitra unfoldedAs per India Today, Moitra can challenge the “jurisdiction and conduct” of the Ethics Committee, arguing that the panel overreached its mandate, and its proceedings were “irregular, or whether they were conducted with malice or prejudice”.She can also approach senior Parliament or government officials through TMC or independent avenues, alleging “bias, prejudice or any sort of malfeasance" in the proceedings of the ethics panel, the news channel reported.Moitra has claimed that she was denied natural justice by not being allowed to cross-examine Darshan Hiranandani, and lawyer Jai Anant Dehadrai, her estranged partner who intially accused her of bribery.Speaking to India Today, Achary, the former LS secretary general, said that Parliamentarians accused of misconduct are usually allowed to cross-examine other witnesses. He said the TMC leader should also have been given this opportunity.Achary also pointed out that the allegations against Mahua Moitra should have been probed by the Privileges Committee and not the ethics panel. "This issue doesn't come before the Ethics Committee. Therefore, the Ethics Committee, in my view, lacks the jurisdiction to suggest punishment of this nature — the expulsion (of Mahua Moitra) from the House," he told the news channel.According to PDT Achary, there are no rules that ban legislators from sharing their Parliament login ID and password. “If there is no rule or law on the subject, how can you proceed against the person for violating the law? That is a basic problem in this particular case,” he told Indian Express. With inputs from agencies