Trinamool Congress MP Mahua Moitra was expelled from Lok Sabha on Friday in cash for query case after the lower house voted in favour of her expulsion. The motion was put to vote by Lok Sabha speaker Om Birla after the parliamentary ethics committee's report was tabled and discussed in parliament. The committee had recommended Moitra's expulsion.
Parliamentary Affairs Minister Prahlad Joshi proposed the acceptance of the ethics committee's report, which had determined the culpability of expelled TMC MP Mahua Moitra in the case.
Mahua Moitra was representing the Krishnanagar parliamentary constituency of West Bengal after winning the election in 2019.
Can Mahua Moitra challenge her expulsion?
Constitutional expert and former Secretary General of the Lok Sabha, PDT Achary, informed FinancialExpress.com that Mahua Moitra has the option to challenge the decision in court based on three primary grounds: the denial of natural justice, gross illegality, and the unconstitutionality of either the House's decision or the parliamentary committee's process.
Achary provided examples, such as Moitra's request for the cross-examination of individuals, which was not conducted. He pointed to Moitra's allegations of 'filthy questions' posed by the Ethics panel and the walkout by Opposition MPs, noting that despite these issues, the report was prepared.
Moitra can claim denial of natural justice, disproportionality of punishment
Achary suggested that Moitra could argue a denial of natural justice based on these instances. Additionally, Moitra might invoke Article 20, highlighting the disproportionality of the punishment in relation to the offence, as per its stipulations.
No certain rules on providing Lok Sabha login
Achary emphasised the absence of rules from the Lok Sabha or provisions in the Information Technology (IT) Act prohibiting the sharing of passwords, asserting that many MPs do not personally submit questions.
He also said considering the allegations of corruption in the case are substantiated, the CBI could take action under the Prevention of Corruption Act.
