The Delhi High Court on Monday transferred a plea filed by former AAP MLA Sandeep Kumar seeking to dislodge Arvind Kejriwal from the post of Delhi chief minister to a bench led by acting chief justice Manmohan.
The court remarked that heavy costs should be imposed on the petitioner, suggesting that the plea appeared to be filed for publicity. The matter was transferred after noting that similar pleas seeking relief had been heard and rejected by the bench.
Justice Subramonium Prasad, while transferring the petition, indicated that he would have imposed heavy costs. The petition filed by Sandeep Kumar argued that the arrest of Arvind Kejriwal by the Enforcement Directorate had rendered him incapable of carrying out the chief minister’s functions under the Constitution.
The petition highlighted the constitutional mechanism and stated that the unavailability of Arvind Kejriwal complicated the functioning of the Council of Ministers.
It called for a writ of quo warranto against Arvind Kejriwal, questioning his authority to hold office as chief minister under Article 239AA of the Constitution and seeking his removal from office.
Arvind Kejriwal, currently in Tihar Jail following his arrest on March 21, faces charges in a money laundering case related to the now-scrapped Delhi excise policy. The Delhi High Court had previously rejected two PILs seeking Kejriwal’s removal, stating that it was his personal choice to continue as chief minister and that there was no legal bar preventing him from holding office.
On April 4, the Delhi High Court, led by acting Chief Justice Manmohan, had dismissed a plea for the third time seeking the removal of Arvind Kejriwal as the Chief Minister following his arrest last month over corruption allegations. In a significant observation, the court stated that “democracy should take its own course.”
Additionally, the court declined to advise Delhi Lieutenant Governor V K Saxena on compelling Arvind Kejriwal to step down from his post, asserting that it is not their place to offer guidance in such matters. The bench emphasized that the Lieutenant Governor will act in accordance with the law.
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