Former Aam Aadmi Party (AAP) MLA Sandeep Kumar has moved the Delhi High Court for the removal of arrested party leader Arvind Kejriwal from the position of chief minister of the national capital.
The petition is scheduled for hearing before Justice Subramonium Prasad on Monday.
Kumar, in his petition, asserted that subsequent to his arrest by the Enforcement Directorate (ED) in relation to a money-laundering case associated with the now-abolished excise policy for Delhi, Kejriwal has been deemed “incapacitated” to execute the duties of the chief minister as outlined in the Constitution.
The plea contends that the unavailability of the Aam Aadmi Party (AAP) leader complicates the constitutional mechanism, asserting that he cannot function as the chief minister from prison in accordance with the mandate of the Constitution.
“Article 239AA(4) of the Constitution provides for the Council of Ministers with the chief minister at the head to aid and advise the lieutenant governor in the exercise of his functions in relation to matters with respect to which the legislative Assembly has power to make laws. The aid and advice to the lieutenant governor are practically not possible without the chief minister being a free person available to render his aid and advice under the Constitution,” the petition stated.
“Issue a writ of quo warranto against Respondent No.1 i.e. Mr Arvind Kejriwal, the incumbent chief minister of Delhi, by calling upon him to show by what authority, qualification and title he holds the office of the chief minister of Delhi under Article 239AA of the Constitution and after an inquiry, dislodge him from the office of the chief minister of Delhi with or without the retrospective effect,” the petition prays.
Kejriwal, who was arrested by the ED on March 21, is currently lodged in Tihar Jail.
The high court previously dismissed two public interest litigation petitions seeking the removal of Kejriwal from the chief minister’s position.
On April 4, a bench comprising Acting Chief Justice Manmohan and Justice Manmeet P S Arora declined to entertain a PIL on the matter, stating that it was Kejriwal’s personal decision to continue as the chief minister. Earlier, the bench had rejected a similar PIL, noting that the petitioner had not demonstrated any legal impediment preventing the incumbent chief minister from holding office. It emphasized that there was no room for judicial intervention in the issue and that it was within the purview of other branches of the State to address the matter.
