Delhi HC Judge Recuses from Hearing Raghav Chadha's Plea Against Bungalow Cancellation

New Delhi: The Delhi High Court on Monday recused itself from hearing the plea filed by Aam Aadmi Party (AAP) leader and Rajya Sabha MP Raghav Chadha, challenging the trial court's order that dismissed his petition against the cancellation of his bungalow by the Chairman of the Rajya Sabha House Committee.
Justice Rekha Palli, while recusing herself, directed that the matter be listed before an appropriate bench on December 18.
In his plea, Raghav Chadha contented that he was being 'selectively targeted due to his outspoken stance in Parliament.'
"As I am very vocal in Parliament, I am being selectively targeted, which clearly reflects vendetta politics by the Rajya Sabha Secretariat," he said.
Senior Advocate Abhishek Manu Singhvi appeared for Raghav Chadha in the Delhi High Court.
The trial court, in its order dated November 26, had ruled that there was no legal justification for Chadha to retain the accommodation. The court also found no evidence of malafide or bias in the decision of the defendant.
The court, vacating the injunction/stay order in effect until now, stated that the concerned department can recover compensation or damages from the MP in accordance with the law, through appropriate proceedings, as he is occupying the bungalow in question and also holds another flat.
Additional Session Judge Sumit Dass, in an order, stated that the contention agitated by the plaintiff's (Raghav Chadha) side has no merits. The plaintiff has no prima facie case at all. There is no legal justification in permitting the plaintiff to retain the present accommodation nor any circumstance has been placed on record, which would reveal or point out any malafide or bias on the part of the defendant.
The plaintiff being a licensee, paying the license fee cannot claim any legal right to retain the Type-VII allotment made to him earlier or otherwise in any manner seek any injunction order.
The judge further noted that in the absence of a prima facie case, the balance of convenience and irreparable loss were also decided against the plaintiff. The court mentioned that Chadha had been allotted a Type VII accommodation in sync with the Guidelines for Allotment, and thus, he was not prejudiced in any manner. He has the allotment or the House to shift into as per his entitlement, as stated in the order.