Yesterday (6th April), Former Aam Aadmi Party (AAP) MLA Sandeep Kumar filed a petition in the Delhi High Court seeking the removal of Arvind Kejriwal as the Chief Minister of Delhi. Sandeep Kumar alleged that Kejriwal’s appointment as CM is in violation of the Constitution of India as he is not a member of the Legislative Assembly. The case is likely to be heard in the coming weeks, triggering political discussions in Delhi.
New Delhi: Former AAP MLA Sandeep Kumar filed a petition in the Delhi High Court requesting the removal of arrested party leader Arvind Kejriwal from his position as Chief Minister of Delhi.
The petition is scheduled for a hearing before Justice Subramonium Prasad on Monday.
Kumar argues in his petition that Kejriwal’s recent arrest by the Enforcement Directorate (ED) in a money-laundering case related to Delhi’s former excise policy renders him incapable of fulfilling his duties as CM under the Constitution. According to the plea, Kejriwal’s unavailability due to incarceration creates complications in the constitutional framework, making it impossible for him to function as CM while in prison as per constitutional norms.
Read Also: BREAKING|| Arvind Kejriwal Scam | Delhi Court Summons Chief Minister
The petition argues,
“Article 239AA(4) of the Constitution mandates that the Council of Ministers, headed by the chief minister, is responsible for aiding and advising the lieutenant governor in matters concerning subjects under the legislative Assembly’s jurisdiction. The effective rendering of aid and advice to the lieutenant governor becomes impractical when the chief minister is not free to perform his constitutional duties. Therefore, the chief minister must be available as a free individual to provide necessary aid and advice in accordance with the Constitution.”
The petition requests,
“Issue a writ of quo warranto against Respondent No.1, Mr. Arvind Kejriwal, the current chief minister of Delhi, asking him to demonstrate the authority, qualifications, and basis on which he holds the position of chief minister under Article 239AA of the Constitution. Following an investigation, remove him from the office of chief minister of Delhi, either immediately or retroactively, if found ineligible.”
Arrested by the ED on March 21, Mr. Kejriwal is currently incarcerated in Tihar Jail.
Previously, the high court turned down two public interest litigation pleas seeking Kejriwal’s ouster from the chief minister’s position.
Read Also: Delhi CM Arvind Kejriwal Produced Before Special Court Today
On April 4, a bench comprising Acting Chief Justice Manmohan and Justice Manmeet P S Arora declined to consider a PIL on the matter, stating that it was Kejriwal’s personal decision to remain as chief minister.
Earlier, the bench dismissed a similar PIL, noting that the petitioner did not demonstrate any legal impediment preventing the arrested chief minister from holding office. The court emphasized that judicial intervention was not warranted, leaving the matter to be addressed by other state organs.