The Rajya Sabha Secretariat cancelled Raghav Chadha’s allotment of a Type-VII bungalow in New Delhi last year, prompting him to seek a judicial stay against the property’s foreclosure. Chadha said it was an attempt to intimidate him and jeopardize the Constitution’s fundamental principles.
The Rajya Sabha Secretariat gave AAP MP Raghav Chadha a Type-VII bungalow in New Delhi last year, but cancelled the allotment in March of this year, prompting the first-time MP to seek a judicial stay against the property’s foreclosure. Type-VII bungalows are typically reserved for MPs who have served as former Union Ministers, Governors, or Chief Ministers.
According to the Rajya Sabha Members Handbook, which was published in April 2022, Chadha is qualified for a Type-V accommodation in the ordinary course as a first-time member of parliament. According to the guidebook, MPs who have served as previous Lok Sabha Speakers, former Union Cabinet Ministers, former Governors, or former Chief Ministers are eligible for Type-VII, the second-largest category accessible to Rajya Sabha MPs.
However, according to the manual, the chairman of the House Committee is permitted to provide accommodations that are larger than a member’s entitlement under “exceptional circumstances/special cases”.
According to the Rajya Sabha website, the former House Committee chairman O P Mathur’s term expired in “July 2022,” whereas the current House Committee, presided over by BJP MP C M Ramesh, was established on November 2, 2022. Ramesh was contacted but refused to respond.
The revocation of the allocation did not surprise Chadha, who told The Indian Express that it was an effort to frighten and quiet him. He said that the Rajya Sabha chairman had given him the house after completing the proper procedures.
“The cancellation of my assigned home is not a matter of administrative procedure; rather, it is an outright illustration of the BJP’s spiteful character. It smacks of political bias, the deed. It tries to intimidate me, pressurize and compel me, and stop me from holding the government responsible for important issues by stifling my courageous voice in the Rajya Sabha.
Such presidential actions that single out certain lawmakers amount to unlawful and unjustified interference with their ability to perform their duties as House representatives. With its activities, the BJP has reached the lowest point in political vendettas and jeopardized the Constitution’s fundamental principles, which call for elected members of the House to express their disagreements and engage in courageous debate.
Chadha said that he was not given any advance warning of the cancellation. It is important to note that the Hon. Chairman of the Rajya Sabha allocated the aforementioned space after following the legislation, after which ownership was obtained and he moved in with his family.
Chadha, who was elected from Punjab to the Rajya Sabha in March of last year, was given a Type-VI house, C-1/12, Pandara Park, on July 6, 2022, per an order from the Patiala House court dated April 18.
“Thereafter, on August 29,2022, Plaintiff (Chadha) submitted a communication to Vice-President Jagdeep Dhankhar, Chairman, Rajya Sabha, asking the allocation of Type-VII accommodations. Following consideration of the plaintiff’s representation, Bungalow No. AB-5, Pandara Road, New Delhi from Rajya Sabha Pool was assigned to him on September 8, 2012, replacing a previous residence. After carrying out renovations, Plaintiff accepted the allotment and began living there with his parents, according to the decision.
On November 9, 2022, Chadha, according to the document, took ownership of the house at AB-5, Pandara Road. The injunction said that the man claimed to be living at the bungalow with his parents following repairs. The allotment was then canceled, he said, in a letter dated March 3.
He stated that the plaintiff was entitled to the type of accommodation that was given to him. He claims that the accommodation was abruptly terminated without giving the plaintiff any opportunity to appeal. According to the order, he noted that the relevant body had canceled the accommodations without providing an explanation or any justification.
Others, according to Chadha, were in a like situation, but their allotments remained in place. In the ruling, it was stated that the plaintiff “has argued that defendant (Rajya Sabha Secretariat) is acting in haste and there is a strong apprehension that plaintiff may be forcibly ejected from the accommodation.”
Chadha demanded that the house not be given to anybody else and “sought damages to the tune of Rs. 5,50,000/- from the defendant for causing mental agony and harassment.”
The judge stated that it was not necessary to take into account Chadha’s claim that once a room has been assigned, it cannot be revoked for any reason while the MP is in office at this time.
“However, I do think the plaintiff’s second point—that a person cannot be deprived of their property without first going through the proper legal channels—has merit. The defendant must follow the due process of law because the plaintiff is occupying an accommodation that is classified as a public property, the judge said, directing the Rajya Sabha Secretariat to hold off on evicting Chadha until the next hearing.
The next hearing date is July 10, and since then both parties have submitted petitions or responses. Chadha said that it was rare to remove a sitting MP’s assigned housing while he still had more than five years left in his mandate.
The government is violating my rights as a citizen and harming democracy itself by canceling my allotted dwelling, I claim. “Fall in line or suffer the repercussions,” he said, adding that it had only fueled his desire to fight for justice. “It has sent a frightening message to anybody who dares to question or confront the government’s policies.
