Explained: Mahua Moitra expelled from Lok Sabha, what legal options does TMC leader have?

Written By DNA Web Team | Updated: Dec 10, 2023, 10:37 PM IST

Mahua Moitra was a first-time MP representing Krishnanagar Lok Sabha seat in West Bengal.

TMC MP Mahua Moitra was expelled on Friday 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.

She told reporters that she has been found guilty of breaching a code of ethics that does not exist and that there was no evidence of cash or gift given to her. The Ethics Committee report found Moitra guilty of "unethical conduct" and contempt of the House by sharing her Lok Sabha credentials -- User ID and Password of Lok Sabha Member's Portal, with unauthorised persons which had an irrepressible impact on national security, Parliamentary Affairs Minister Pralhad Joshi said.

Following a contentious debate, where Moitra was denied the opportunity to speak, Joshi proposed a motion to expel the TMC member for "unethical conduct," a motion that was adopted through a voice vote. Moitra was a first-time MP representing Krishnanagar Lok Sabha seat. In 2019, she clinched the Lok Sabha ticket from Krishnanagar and won convincingly. 

In response to her expulsion, Moitra strongly criticised the decision, likening it to being sentenced by a "kangaroo court" and accusing the government of weaponising parliamentary panels to coerce the opposition into submission.

Does Mahua Moitra have any legal options? 

The TMC MP has the option of challenging the Lok Sabha expulsion in the Supreme Court, said former Lok Sabha Secretary General PDT Achary. He suggested that Article 122 of the Constitution gives immunity to the proceedings from a challenge from the court, The Indian Express reported. 

She can also challenge the jurisdiction and conduct of the ethics committee while arguing that it overstepped its mandate and the proceedings were 'irregular', India Today reported.