The Hindu Sena has filed a fresh petition in the Delhi High Court aiming to oust Arvind Kejriwal from his position as Chief Minister.
The petition urges the court to direct Delhi’s Lieutenant Governor to dismiss Chief Minister Kejriwal and administer Delhi through the Central Government via the LG.
On Thursday, the Delhi High Court rejected a PIL seeking Kejriwal’s removal as Chief Minister of NCT Delhi, stating that judicial interference in the matter is not warranted.
The latest PIL has been submitted by Vishnu Gupta, President of the Hindu Sena organization.
The plea argues that the Indian Constitution did not anticipate a scenario where a Chief Minister could govern from either judicial or police custody in the event of arrest. However, it asserts that constitutional courts can intervene to ensure integrity in administration and governance.
Quoting Articles 163 & 164 of the Constitution, the plea emphasizes the role of the Chief Minister and the Council of Ministers in aiding and advising the Governor, except for discretionary functions.
The plea contends that Kejriwal breached constitutional trust by continuing as Chief Minister after being arrested under the Prevention of Money Laundering Act, 2002, and asserts that he should have resigned before being taken into custody.
It further argues that Kejriwal’s arrest violates constitutional trust, necessitating his dismissal by the Governor.
The plea highlights that due to Kejriwal’s custody, the Lieutenant Governor is unable to exercise power in accordance with the Constitution.
Therefore, it asserts that the dismissal of Kejriwal is essential to uphold constitutional principles and parliamentary democracy.
The fresh petition underscores the need to uphold the constitution and parliamentary democracy, which are fundamental rights of citizens.
