Delhi HC To Hear PIL Seeking Removal Of Arvind Kejriwal From CM's Post Tomorrow

Delhi High Court will hear on Thursday a Public Interest Litigation (PIL) seeking removal of Arvind Kejriwal from the post of Chief Minister of Delhi on his arrest by the Enforcement Directorate (ED)

The matter will be heard by a division bench headed by Acting Chief Justice Manmohan of the Delhi High Court.

Delhi High Court will hear on Thursday a Public Interest Litigation (PIL) seeking removal of Arvind Kejriwal from the post of Chief Minister of Delhi on his arrest by the Enforcement Directorate (ED) in connection to the alleged irregularities in the now scrapped Delhi Liquor Policy.

The matter will be heard by a division bench headed by Acting Chief Justice Manmohan of the Delhi High Court.

The PIL has been moved by one Surjit Singh Yadav, a Delhi resident who claims to be a farmer and social worker. 

Yadav says that Kejriwal's continuation on the chief minister post will not only lead to obstruction of due process of law and disrupt the course of Justice, but also would lead to breakdown of the constitutional machinery in the State. 

The PIL states that a Chief Minister who has been accused of a financial scandal should not be permitted to continue in public office.

Yadav has moved the high court through a writ petition under Article 226 and prayed to the the court to issue a writ in the nature of Quo Warranto, calling upon Kejriwal to answer under what authority he is holding the post of Chief Minister.

He further prays for removal of Kejriwal from the post.

The pleas state that the Constitutional morality, good governance and Constitutional trust are the basic norms for holding a public office. "That the Constitutional function of the Council of Ministers headed by the Chief Minister is to aid and advise the Governor in the exercise of his functions, however, if the Chief Minister is in the custody it would lead to breakdown the Constitutional machinery in the state. The persons hold high public office such as Chief Minister should go down to the norms of the Constitution and not to act in a manner which is violative of the rule of law or arbitrary." 

He further contends that the transaction of business of the Government of National Capital Territory of Delhi Rules, 1993 empowers a CM to call tor files from any department of the Cabinet and if Kejriwal continues as CM, he would be well within his rights to demand for the investigation of files wherein he has been named as an accused.