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A petition filed by former AAP MLA Sandeep Kumar seeking the removal of Arvind Kejriwal from the post of Chief Minister of Delhi will be heard by the Delhi High Court today.
Arvind Kejriwal, arrested by the Enforcement Directorate (ED) on March 21 in connection with a money-laundering case linked to Delhi’s now-scrapped excise policy, is currently in Tihar Jail. The PIL argues that Kejriwal’s arrest renders him “incapable” of performing the duties of the Chief Minister under the Constitution.
The petition highlights Article 239AA(4) of the Constitution, which provides for the Council of Ministers, headed by the Chief Minister, to aid and advise the Lieutenant Governor in matters concerning legislative powers. It argues that Kejriwal’s unavailability complicates this mechanism, making it practically impossible for him to function as Chief Minister while in prison.
The petition prays for a writ of quo warranto against Arvind Kejriwal, calling upon him to show by what authority he holds the office of Chief Minister under Article 239AA. It seeks his removal from office with or without retrospective effect after an inquiry.
This isn’t the first time such a petition has been filed. Earlier attempts to remove Kejriwal from the Chief Minister’s post were rejected by the High Court. On April 4, a bench of Acting Chief Justice Manmohan and Justice Manmeet P S Arora declined to entertain a PIL on the matter, citing it as Kejriwal’s personal choice to continue in office.
The previous rejection observed that there was no legal impediment preventing an arrested Chief Minister from holding office. The court emphasized that such matters are beyond judicial interference and should be dealt with by other state organs.
As the legal battle unfolds, the Delhi High Court’s hearing today will provide further insight into the arguments presented by the petitioner and the responses from the court.
