Chadha claimed that the cancellation of the quota was arbitrary and unprecedented. (File)
New Delhi:
In a setback for AAP Rajya Sabha MP Raghav Chadha, a court in Delhi has ruled that he has no right to continue occupying the government bungalow given to him after the allotment was cancelled. The court lifted the interim stay granted to Chadha. This means the Rajya Sabha Secretariat can ask Mr Chadha to vacate the bungalow at any time.
In a statement issued after the court order, AAP leaders said the cancellation of the quota was arbitrary and unprecedented and that it was done on “political motives and behest of the BJP to advance its vested interests”. insisted. He also singled out several other first-time MPs living in such accommodation and said he would take “appropriate legal action” against them.
court precedent
Mr Chadha was given a Type 6 bungalow in July last year and had requested larger Type 7 accommodation from the Rajya Sabha Speaker, which he was allotted in September the same year. However, the secretariat canceled the allotment in March, arguing that the first-time councilor had no right to rent a bungalow of that grade.
The AAP legislator was asked to vacate his bungalow on Pandala Road in central Delhi and filed a complaint in Delhi’s Patiala House court against the order. The court granted an interim stay on April 18.
The Patiala House Court lifted the stay on Friday, saying Chadha cannot claim absolute right to occupy the bungalow.
“The plaintiff cannot claim that he has an absolute right to continue occupying the accommodation during his tenure as a Rajya Sabha member. has no vested right to continue in possession, even after the allotment is cancelled,” the court said in its order.
The judge said the argument that apportionments, once made, cannot be revoked under any circumstances during a legislator’s term of office “deserves to be rejected.” The court also noted that Mr. Chadha, as a member of parliament, had no vested interest in the accommodation and his status was similar to that of a licensee.
“Above his grade level.”
In June, the Rajya Sabha Housing Committee said the Type 7 bungalow was above Mr Chadha’s grade as a first-time MP and such accommodations are usually allocated to former Union Ministers, former Governors or former Chief Ministers. said.
The chairman had also pointed out that Bharatiya Janata Party MP Radha Mohan Das was also shifted from Type 7 to Type 5 bungalow.
“No notification”
In a statement, Chadha said he was being unfairly targeted and victimized and accused the Bharatiya Janata Party of trying to suppress political criticism from members like him.
“The cancellation of the official accommodation duly allotted to me was done arbitrarily without any notice to me. A sitting Rajya Sabha member is asked to be removed from the accommodation duly allotted to me. “This is unprecedented in the over 70-year history of Rajya Sabha. He has been staying for a while and still has over four years left in his term,” said an AAP leader.
Chadha claimed that there were many irregularities in the order and the action taken by the Rajya Sabha Secretariat was in clear violation of rules.
The lawmaker blamed the Bharatiya Janata Party and said, “The manner in which the entire exercise was carried out shows that it was carried out at the behest of the Bharatiya Janata Party to further its political motives and vested interests and to suppress it on its own.” I have no choice but to believe.” This is a political criticism raised by a vocal member of Congress like me. ”
“This, along with my suspension as a member of Parliament initiated by the Finance Bench, leaves no doubt that the Bharatiya Janata Party is leaving no stone unturned to target vocal MPs. “This amounts to unwarranted interference in the performance of his duties as a member of the House of Representatives, and falls into the depths of revenge politics.”
To buttress his argument, Chadha pointed out that many of his neighbors were first-time councillors, who were allotted exactly the same accommodations beyond their qualifications. He named Sudhanshu Trivedi of the Bharatiya Janata Party, Danish Ali of the Bahujan Samaj Party, Rakesh Sinha and former MP Roopa Ganguly, the previous resident of the bungalow allotted to him. I gave my name.
“Interestingly, around 118 of the 240 Bharatiya Janata Party MPs are living in accommodation beyond their rights, but they are the vocal representatives who strongly opposed the BJP on the floor and upheld a healthy democracy. “It is unfortunate that they are selectively targeting and interfering with the national situation,” the lawmaker said.
“The trial court initially accepted my motion and granted me interim relief. My case has now been remanded on a legal technicality, which is based on an incorrect understanding of the law. We have been legally advised to do so and will continue to take appropriate legal action. Needless to say, I will not be afraid to raise the voice of the people of Punjab and India, regardless of the costs involved. I will continue,” he added.
