LI Network
Published on: 08 June 2023 at 22:07 IST
A Delhi court is expected to make a decision on July 10 regarding the admissibility of an application filed by Raghav Chadha, a leader of the Aam Aadmi Party (AAP) and a Member of Parliament (MP) in the Rajya Sabha.
Chadha has challenged the cancellation of the allotment of a bungalow to him through a letter issued by the Rajya Sabha Secretariat on March 3, 2023.
During the hearing, the counsel representing the secretariat objected to the application’s admissibility before the court. Additional District Judge Sudhanshu Kaushik heard arguments from both sides regarding the issue of admissibility on June 1 and scheduled the matter for an order on July 10.
In April, the court had directed the secretariat not to dispossess Chadha from the bungalow until a decision was made on the application, emphasizing the importance of following due process of law.
The judge refrained from commenting on the argument raised by Chadha’s legal team that the secretariat’s allotment could not be cancelled under any circumstances during an MP’s entire tenure. However, the judge acknowledged the validity of the argument that a person cannot be dispossessed without following due process of law, particularly in the case of public premises.
Considering Chadha’s submission that the secretariat was acting hastily and that there was a high likelihood of him being dispossessed without due process of law, the judge found a prima facie case for issuing directions to prevent Chadha’s dispossession without following proper legal procedures.
The judge also considered the balance of convenience, noting that Chadha resided in the accommodation with his parents. Acknowledging that Chadha would suffer irreparable harm if dispossessed without due process of law, the judge directed the secretariat not to dispossess him from the bungalow until the next hearing.
Chadha’s counsel had requested an ex-parte ad-interim injunction against the secretariat, claiming that it was determined to dispossess Chadha from the allotted accommodation. The counsel argued that Chadha would suffer irreparable harm if the injunction was not granted.