After Lok Sabha Exit, What's Next For Mahua Moitra?

Trinamool Congress leader Mahua Moitra was expelled 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.

After a heated debate over the panel report during which Moitra was not allowed to speak, Parliamentary Affairs Minister Pralhad Joshi moved a motion to expel the Trinamool member for "unethical conduct", which was adopted by a voice vote.

It mustbe noted that Moitra was representing the Krishnanagar parliamentary constituency of West Bengal after winning the election in 2019.

Speaking to FinancialExpress.com, Constitutional expert and former Secretary General of the Lok Sabha, PDT Achary, informed that 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 cited instances, including Moitra's call for the cross-examination of individuals, which did not take place. He highlighted Moitra's complaints about the Ethics panel posing 'inappropriate questions' and the Opposition MPs' walkout, underscoring that despite these issues, the report was still compiled.

Achary indicated that Moitra could argue a lack of fair treatment based on these occurrences. Furthermore, Moitra might invoke Article 20, pointing out the disproportionate punishment in comparison to the offense, as outlined in its provisions.

He stressed the absence of specific Lok Sabha regulations or clauses in the Information Technology (IT) Act that prohibit the sharing of passwords, noting that most of the MPs don't personally submit queries.

Additionally, Achary pointed out that if the allegations of corruption in the case are validated, the CBI could take action under the Prevention of Corruption Act.