New Delhi. The High Court refused to hear the PIL demanding the removal of Delhi Chief Minister Arvind Kejriwal from his post. Rejecting the petition, the High Court said that there is no constitutional obligation that Arvind Kejriwal cannot continue in his post. The court said that this is a matter related to the executive. The Lieutenant Governor of Delhi will look into this matter. He will send its report to the President. The court has no role in this matter.
Delhi High Court rejects PIL seeking removal of Arvind Kejriwal from the post of Chief Minister of Delhi. #ArvindKejriwal #ED #DelhiHighCourt pic.twitter.com/eDhvboWQpx
— Live Law (@LiveLawIndia) March 28, 2024
A bench headed by Justice Manmohan said that we understand that there may be some practical difficulties. Why should any order be passed? We do not have to give any guidance to the President or LG. The executive branch enforces President’s rule and it is not the court’s job to guide them. The bench asked the petitioner how can the court interfere in this matter? The bench said that the court is sure that the executive branch is investigating all this. It may take some time, but they will decide on it.
Petitioner Surjit Singh Yadav has argued that the Chief Minister, embroiled in a financial scam and who is in ED custody till March 28, should not be allowed to continue in office. He said his imprisonment not only hinders the due process of law but also weakens the constitutional machinery of the state. The petitioner has cited Articles 163 and 164 of the Constitution to claim that being a prisoner renders Kejriwal incapable of discharging his duties and responsibilities as Chief Minister. The petition also talks about the practicality of the jailed Chief Minister conducting government business from jail. It suggested that scrutiny imposed by jail authorities on all material reaching Kejriwal would violate the oath of secrecy sworn by him as Chief Minister.