Delhi HC To Hear On Monday Ex-AAP MLA's Plea Seeking Arvind Kejriwal's Removal As CM

Previously, the Delhi High Court refused to entertain two PILs seeking Kejriwal's removal from the post of Chief Minister.

File Photo of protest against arrest of Delhi CM Arvind Kejriwal

Source : Getty

Delhi High Court will hear on Monday a plea by former Aam Aadmi Party (AAP) Minister and MLA Sandeep Kumar seeking the removal of Arvind Kejriwal from the Chief Minister post after his arrest by ED. In his petition, Kumar argues that Kejriwal's arrest by the Enforcement Directorate (ED) in connection with a money-laundering case linked to the now-scrapped excise policy for Delhi renders him incapable of carrying out the chief minister's functions under the Constitution, news agency PTI reported.

The plea contends that Kejriwal's unavailability complicates the constitutional mechanism, as he cannot function as the chief minister from prison according to the mandate of the Constitution.

Quoting Article 239AA(4) of the Constitution, which provides for the Council of Ministers with the chief minister at the head to aid and advise the lieutenant governor, Kumar's petition argues that the aid and advice to the lieutenant governor are practically impossible without the chief minister being a free person available to render his aid and advice.

The petition seeks the issuance of a writ of quo warranto against Kejriwal, calling upon him to justify his authority and qualification to hold the office of the chief minister of Delhi under Article 239AA of the Constitution. It further requests the court to dislodge Kejriwal from the office of the chief minister, either with or without retrospective effect, PTI's report stated.

Sandeep Kumar, who previously held portfolios as the Minister of Women and Child Development, Social Welfare, and SC/ST, was disqualified by the Delhi Assembly speaker in 2019 for supporting the Bahujan Samaj Party in the Lok Sabha elections. In 2016, he was suspended by AAP amidst a controversy involving an objectionable CD.

Delhi CM Arvind Kejriwal's Arrest

Delhi CM Arvind Kejriwal was arrested by the Enforcement Directorate on March 21 in connection with the Excise Policy case. This arrest marked the first instance in independent India of a serving Chief Minister being detained. The case revolves around alleged irregularities and money laundering related to the Delhi Excise Policy 2022.

While Kejriwal was not initially named in the FIRs registered by the ED or the CBI, his name surfaced in the ED's chargesheet. The agency claimed that Kejriwal purportedly had a video call with one of the main accused, Sameer Mahendru, instructing him to continue working with co-accused Vijay Nair, the AAP's communications-in-charge.

In response, Kejriwal denounced the ED's summons as "illegal" and contended that the allegations against him were baseless. He had spent ten days in ED custody following a court direction.

Previously, the Delhi High Court refused to entertain two PILs seeking Kejriwal's removal from the post of Chief Minister. During the proceedings, the bench made oral observations emphasizing the primacy of national interest over personal interests.

The case underscores the ongoing legal and political challenges faced by Kejriwal and the AAP government in Delhi amid accusations of corruption and administrative misconduct.

This report is based on inputs from various sources including NDTV and the Delhi High Court proceedings.