On Friday, March 29th, the Hindu Sena filed a Public Interest Litigation (PIL) in the Delhi High Court, seeking the removal of Arvind Kejriwal from his position as Chief Minister. The PIL alleges misconduct and incompetence on Kejriwal’s part, prompting legal action to remove him from office.
New Delhi: On Friday (March 29): The Hindu Sena filed a Public Interest Litigation (PIL) before the Delhi High Court seeking the removal of Arvind Kejriwal from his position as Chief Minister. The organization urges the court to instruct Delhi’s Lieutenant Governor to dismiss Kejriwal and allow the Central Government, through the LG, to govern Delhi.
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The matter followed a previous Public Interest Litigation (PIL) dismissed by the Delhi High Court, which stated that judicial interference in the matter was not warranted.
Vishnu Gupta, the President of the Hindu Sena, filed the fresh PIL, arguing that the Constitution of India did not anticipate a situation where a Chief Minister could govern from judicial or police custody in the event of an arrest.
“However, it is not settled law that constitutional courts can interfere with the provisions of the constitution to ensure purity in administration and governance,” the plea read.
The petition emphasizes Articles 163 and 164 of the Constitution, which establish the Council of Ministers with the Chief Minister as the head, aiding and advising the Governor in the exercise of his functions, except for discretionary functions.
Further, it asserts that by continuing as Chief Minister while in custody, Kejriwal has breached the constitutional trust bestowed upon him and should have resigned before his arrest under the Prevention of Money Laundering Act, 2002.
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“Despite being in police or judicial custody, Arvind Kejriwal chose to persist as Chief Minister and govern the state. However, this arrest of Arvind Kejriwal while holding the position of Chief Minister goes against the constitutional trust outlined in Article 164 of the Constitution of India. Consequently, it becomes the constitutional duty of the Governor to dismiss Arvind Kejriwal from the Chief Minister’s office.”
Since Kejriwal remains in police or judicial custody, the plea argues that the Lieutenant Governor of NCT Delhi is unable to exercise his powers in the absence of advice from the council of ministers, as stipulated in Articles 154, 162, and 163 of the Constitution.
Consequently, the functions of the Delhi Government are not being carried out by the constitutional framework, requiring the dismissal of Arvind Kejriwal to uphold the principles of the Constitution and parliamentary democracy.
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“As of March 21, 2024, the government of the NCT of Delhi is failing to operate in alignment with the constitutional framework. Hence, it becomes imperative to dismiss Arvind Kejriwal from the position of Chief Minister to preserve constitutional integrity and safeguard the fundamental rights of citizens, including the principles of parliamentary democracy.”
