Another PIL Filed In Delhi High Court Seeking Removal Of Arvind Kejriwal From Post Of Chief Minister

A fresh public interest litigation (PIL) has been filed in the Delhi High Court seeking 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 plea has been moved by Vishnu Gupta, who is a social worker and National President of Hindu Sena.

Yesterday, a division bench headed by Acting Chief Justice Manmohan dismissed a similar PIL observing that the petitioner, Surjit Singh Yadav, failed to show any bar in the law which prohibits the arrested CM from holding office. 

The court had observed that there is no scope of judicial interference in the matter and that it is for the other Organs of the State to examine the issue.

The fresh PIL submits that Arvind Kejriwal has been arrested by ED in connection with an offence under PMLA and thus, he is guilty of breach of Constitutional trust reposed in him by the Constitution of India.

“The parliamentary democracy is the basis feature of the Indian Constitution and Chief Minister being the head of the State Government he is repository of constitutional responsibilities and trust. If the Chief Minister acts in a manner which offence rule of law and commits breach of the constitutional trust reposed in him,” the plea states.

It adds: “In that eventuality his dismissal from the Office of Chief Minister is inhibited in Article -164 of the Constitution of India. Therefore, the Respondent No.4 is guilty of breach of constitutional trust for allegation of corruption and consequently his arrest.”

Furthermore, the plea says that apart being in custody of the central probe agency, 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 advice the Governor in exercise of his executive functions. “The Governor in accordance with Constitution is the basis structure of the Constitution of India and parliamentary democracy and if this situation has arisen where Constitution is not working, in that eventuality Writ of Mandamus may be issued to the Respondents for taking actions to implement the Constitutional Scheme for working of the Constitution of India,” the plea states.

Kejriwal is presently in ED custody. He was arrested on March 21. The next day, the trial court remanded him to six days of ED custody, which was extended by further four days yesterday.

Title: VISHNU GUPTA v. UNION OF INDIA & ORS.