The Delhi High Court will hear a petition filed by AAP Rajya Sabha MP Raghav Chadha to read down the rules relating to the functioning of the House Committee of the Rajya Sabha, which deals with the accommodation of MPs.
On Wednesday, the bench of Justices Yashwant Verma and Dharmesh Sharma fixed the case for Thursday, demanding that they be allowed to modify the relief requested by Chadha’s lawyer Abhishek Manu Singhvi.
Chadha was given a bungalow type-VII residence on upscale Pandara Road as his official residence in September 2022. In March 2023, the Chairman of the House Committee of the Rajya Sabha canceled the allotment on the basis of membership for the first time. Sadan and former MLA, Chadha was entitled to Type-VI accommodation.
Chadha challenged the cancellation in the Patiala House Additional District Court, which on November 26 refused to grant an interim order against his eviction from the bungalow.
In his writ petition in the High Court, Chadha sought a direction to read Rule 212 (U) of the Rules of Procedure and Conduct of the Rajya Parishad (Rajya Sabha) “to save it from being declared unconstitutional.”
Rule 212 (U) deals with the work of the House Committee and provides that it shall deal with all matters relating to the residential accommodation of members; Supervising the accommodation, telephone, food, medical assistance and other facilities provided to the members; and shall consider and provide such facilities to the members as may be deemed necessary from time to time.
Submitting the bench, senior advocate Singhvi said, “The trial court (trial court) repeatedly observes… that I have not challenged the order and therefore the trial court must necessarily expel me… without principles of natural justice. (Grant ) proper hearing… The argument is, this (rule) gives the chairman (of the committee) the unfettered power to cancel the (residential) allocation to the MPs)…there has been no change in (my) circumstances and I You say it will be quashed…I am not asking for it (Rule 212 (U) to be quashed, I am asking for it to be read. Right… the trial court is reading it, it should be read down… Argument, the President is the supreme leader and can decide as they like… the same President (judgment) without (following) the principles of natural justice and (not giving opportunity) of hearing invalidates it (appropriation) … it has only to be read.
Additional Solicitor-General Chetan Sharma, counsel for the Rajya Sabha Secretariat, however, raised preliminary objections to the maintenance of the petition. It is mentioned that Chadha has not yet appealed against the order of the Additional District Judge refusing to issue an interim order for eviction from the property.
Orally praying the bench to allow Chadha to amend the petition to challenge the trial court’s order as well, Singhvi on Thursday requested the high court to post the matter for further consideration.
On Monday, the division bench of which Judge Rekha Palli was a member refused to take the petition after he withdrew from the hearing citing personal reasons.
Before the allotment of Type-VII housing, Chadha was living in a Type-VI bungalow. A Type-VII bungalow was allotted to him on a request made in August 2022, and was canceled in March 2023 after a review of the residential allotment by the Chairman of the House Committee on the request of the Ministry of Housing and Urban Affairs.
Type-VII bungalows are given to MPs who are Union Cabinet Ministers, former Governors or former Chief Ministers and former Speakers of the Lok Sabha.
Since Chadha was entitled to a Type-VI house, approval of the Chairman of the House Committee was required to allot him a Type-VII bungalow. The tenure of the then chairman OP Mathur ended in July 2022 and the next chairman CM Ramesh took over on November 2, 2022, meaning that at the time of allotment of Chadda in September 2022, any There was no Chairman of the House Committee.
However, Chadha said his allocation was approved by Rajya Sabha Speaker, Deputy Speaker Jagdeep Dhankhar.
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