Delhi High Court Declines PIL Seeking Removal of Arvind Kejriwal as Chief Minister Amidst Arrest
Last Updated on April 4, 2024 by News Desk
The Delhi High Court has refused to entertain a public interest litigation (PIL) seeking the removal of Arvind Kejriwal, who has been arrested by the Enforcement Directorate (ED) in the liquor policy case, from the post of Chief Minister of Delhi.
The court rejected the PIL filed by Vishnu Gupta, a social worker and the National President of the Hindu Sena. Gupta’s counsel argued that after Kejriwal’s arrest on March 21, there is an absolute lack of government in the national capital and a constitutional deadlock has been created.
The bench told Gupta that his remedy lies elsewhere and that he should approach the constitutional authorities. They will consider constitutional morality and the Prime Minister, as they are the authorities.
The court remarked that it has recently dismissed a similar PIL seeking the removal of Kejriwal from the post of Chief Minister, and thus, it cannot take a different view.
The fresh PIL submitted that Arvind Kejriwal has been arrested by the ED in connection with an offence under PMLA, and thus, he is guilty of breaching the constitutional trust reposed in him by the Constitution of India.
The plea stated that parliamentary democracy is the basis of the Indian Constitution, and the Chief Minister, being the head of the State Government, is the repository of constitutional responsibilities and trust. If the Chief Minister acts in a manner that offends the rule of law and commits a breach of the constitutional trust reposed in him, his dismissal from the Office of Chief Minister is inhibited by Article 164 of the Constitution of India.
Furthermore, the plea said that Articles 154, 162, and 163 are not being carried out by the Delhi government since March 21 (the day of arrest), as no Cabinet meetings are taking place to aid and advise the Governor in exercising his executive functions.
The court also noted that if this situation has arisen where the Constitution is not working, a Writ of Mandamus may be issued to the respondents for taking actions to implement the Constitutional Scheme for the Working of the Constitution of India.
