Mahua Moitra report tabled in Lok Sabha: Is TMC MP’s expulsion imminent?

It is yet another stormy session in Parliament. The Lok Sabha Ethics Committee has submitted a report on the cash-for-query allegations against Trinamool MP Mahua Moitra on Friday. The report was earlier listed on the agenda of Lok Sabha for 4 December but was not tabled. The revised list of business for Friday during the ongoing winter session issued by the Lok Sabha secretariat has listed the Ethics Committee report as agenda item Number 7.

Winter Session of Parliament | Ethics Panel report on TMC MP Mahua Moitra to be tabled in the Lok Sabha tomorrow pic.twitter.com/2lKspC4hEq

— ANI (@ANI) December 7, 2023

So what happens once the report is submitted? What’s in store for Mahua Moitra? What does the Ethics Committee report say? The Lok Sabha Ethics Committee conducted an inquiry into allegations levelled by BJP MP Nishikant Dubey that Moitra took bribes for asking questions in Parliament. The panel recommended Moitra’s expulsion from the Lok Sabha for “unethical conduct” and “serious misdemeanours.” It also recommended an “intense, legal, institutional inquiry” by the government in a time-bound manner given the “highly objectionable, unethical, heinous and criminal conduct” by the Trinamool leader. Also read: The Mahua Moitra ‘cash-for-query’ row explained While six members of the Ethics Committee voted in favour of the report, four members from the Opposition gave dissent notes. The Opposition has called the report a “fixed match” and said that the complaint filed by Dubey was not supported by a “shred of evidence”. [caption id=“attachment_13479552” align=“alignnone” width=“640”] Mahua Moitra with other TMC women MPs protested during the winter session of the Parliament, in New Delhi on 7 December. PTI[/caption] What can we expect in Lok Sabha today? Lok Sabha Ethics Committee member Aparajita Sarangi, the parliamentarian representing Bhubaneswar,  tabled the report recommending Moitra’s expulsion. Chaos followed as Opposition MPs shouted slogans against the government and those from Moitra’s party approached the Well of the House. This led to the Lok Sabha being adjourned until 2 pm. Last week, at the all-party meeting convened by the government, TMC leaders demanded a discussion on the report before any decision is taken to expel Moitra from the House. The tabling of the report could lead to a stormy session. “If the report is tabled, we will insist on a full-fledged discussion as the draft was adopted in two-and-a-half minutes,” said BSP MP Danish Ali, one of the committee’s members who opposed the report’s recommendation. What do the rules say? According to the rules governing the procedures of the Ethics Committee, the report shall be presented to the Lok Sabha speaker who may direct that it be tabled. The report “may also state the procedure to be followed by the House in giving effect to the recommendations made by the Committee”. Rule 316 E spells out the procedure to be adopted for consideration of the report by the House. “After the report has been presented, the Chairperson or any member of the Committee or any other member may move that the report be taken into consideration whereupon the Speaker may put the question to the House,” it reads, reports The Indian Express. [caption id=“attachment_13479582” align=“alignnone” width=“640”] Mahua Moitra walks out of the Lok Sabha Ethics Committee meeting, at Parliament House complex in New Delhi on 2 November. File photo/PTI[/caption] The rules further state that the Speaker may allow for a debate on the matter not exceeding half an hour. After the debate, the government may move a motion for voting on a member’s expulsion. If voted in favour, the member will be expelled from the House. The BJP is prepared. A three-line whip was issued to its MPs; they are expected to be present and vote in line with the party’s position. What options does Mahua Moitra have if expelled? A member who has been expelled can challenge the decision in the court of law. “If there is some illegality or unconstitutionality about the way in which the Committee went about the whole exercise, if there was a total denial of natural justice, in that case she can challenge it — not otherwise,” wrote PDT Acharya, former secretary general of Lok Sabha, in The Indian Express. What has Moitra said? Moitra appeared confident and defiant as he entered Parliament. She told reporters, “Maa Durga aa gayi hai, ab dekhenge…Jab naash manuj par chhata hai, pehle vivek mar jaata hai (Maa Durga has come! Now we will see.. when destruction comes, conscience dies first).” “They have started ‘vastraharan’ and now you will watch ‘Mahabharat ka rann (battlefield)’.” Have there been expulsions before? In 2005, the Upper and Lower House adopted motions to expel 10 Lok Sabha MPs and one Rajya Sabha MP. They faced allegations similar to Moitra’s. The MPs were accused of agreeing to ask questions in Parliament for money. The case was based on a sting operation. The motion in Lok Sabha was based on the report of a special committee set up by the Speaker under Chandigarh MP PK Bansal to look into the matter. In Rajya Sabha, the complaint was examined by the House Ethics Committee. The BJP lost six MPs then and demanded that the Bansal Committee’s report be sent to the Privileges Committee so that the parliamentarians could defend themselves. However, the Moitra case is the first instance when the Lok Sabha Ethics Committee, which usually hears complaints of a light nature, has recommended the expulsion of an MP. With inputs from agencies