By – Prakarsh Kastwar
Former Aam Aadmi Party (AAP) MLA Sandeep Kumar filed a petition seeking to remove Arvind Kejriwal from his position as Delhi chief minister.
The Delhi high court on Monday said heavy costs should be imposed on the petitioner as it transferred a plea filed by former Aam Aadmi Party (AAP) MLA Sandeep Kumar seeking to dislodge Arvind Kejriwal from holding the post of Delhi chief minister, following his arrest by the Enforcement Directorate (ED) in a money laundering case linked to the now-scrapped excise policy case, to a bench led by acting chief justice Manmohan.
A court of law Observing that two pleas seeking similar relief had been heard and dismissed by the bench, Subramonium Prasad referred the matter to a bench. On April 10, the court will take up the case again.
According to Sandeep Kumar’s petition, Arvind Kejriwal’s arrest by the ED has resulted in a “incapacity” to carry out the chief minister’s constitutional obligations.
The appeal argued that the AAP leader’s “unavailability” distorts the constitutional machinery and that he cannot operate as chief minister from prison under the Constitution’s mandate.
“Article 239AA(4) of the Constitution establishes the Council of Ministers, chaired by the chief minister, to assist and advise the lieutenant governor in carrying out his powers in subjects over which the legislative Assembly has the authority to create legislation. The lieutenant governor’s aid and counsel are basically impossible without the chief minister being a free person accessible to offer them under the Constitution,” according to the news agency PTI, citing a plea.
“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,” said the petition.
Arvind Kejriwal, who was arrested by the investigative agency on March 21, is being detained at Tihar Jail.
The Delhi High Court has previously rejected two pleas.
Previously, the high court rejected two public interest litigation petitions seeking Arvind Kejriwal’s dismissal from his position as chief minister.
On April 4, a bench comprising acting Chief Justice Manmohan and Justice Manmeet PS Arora refused to hear a PIL on the matter, stating that it was Arvind Kejriwal’s personal decision to stay as Chief Minister.
Previously, the panel dismissed a similar PIL, stating that the petitioner had failed to demonstrate any legal limitation that prevented the imprisoned chief minister from holding office. It had observed that there was no scope for judicial intervention in the situation and that the other organs of the State should look into it.