New Delhi: The Supreme Court on Thursday directed the Union government and the State of West Bengal to file counter-affidavits in a writ petition by Trinamool Congress Lok Sabha member Mahua Moitra, who has alleged obstruction in carrying out works under the Member of Parliament Local Area Development Scheme (MPLADS) in her Krishnanagar constituency.
The petition was heard by a Bench of Justice Joymalya Bagchi and Justice V. Mohana. Solicitor General Tushar Mehta, appearing for both the Union and the State, objected at the threshold to the maintainability of the plea. He submitted that there are more than 500 Members of Parliament, and that if each were to approach the Court for implementation of the scheme, the docket would become unmanageable. He also urged the Bench not to issue formal notice, contending that notice itself could generate unnecessary sensationalism, and sought time to file a response.
Justice Bagchi indicated that the Court was only recording a concern and asked whether the Solicitor General had seen a letter dated September 1. The Bench observed that the communication appeared to require a Member of Parliament to give three days’ prior intimation before staying at the Circuit House. Reports of the hearing indicate that the petition also complains of Moitra’s eviction from a room at the Nadia Circuit House despite an allotment, and of difficulties in discharging constituency duties, including MPLADS works.
Senior Advocate Gopal Sankaranarayanan, for the petitioner, submitted that she is a sitting Member of Parliament. The Court recorded that the Solicitor General had entered appearance and sought time to file a counter. It permitted a rejoinder, if any, within a further week, and directed that the matter be listed after two weeks. Other reports place the filing of the counter by about October 10.
The order does not decide maintainability. It leaves open the question whether an individual MP’s grievance over scheme implementation and official facilities can be agitated directly under Article 32, while requiring the Centre and the State to answer the specific allegations on record.
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