Supreme Court Dismisses Plea To Remove Arvind Kejriwal As Delhi Chief Minister

The Supreme Court on Monday (May 13) dismissed a petition seeking the removal of Aam Aadmi Party chief Arvind Kejriwal from the post and office of Chief Minister, Delhi because of his arrest by the Enforcement Directorate in the liquor policy case.

The bench of Justices Sanjiv Khanna and Dipankar Datta said that the Court was not inclined to interfere with the Delhi High Court's judgment dismissing the plea to remove Kejriwal as the Chief Minister of Delhi. The bench also pointed out that the petitioner who approached the Supreme Court, Kant Bhati, was not the petitioner before the High Court.

"What is the legal right? Why should we go into all this? On propriety you may certainly have something to say but no legal right. Let the LG take action if he wants to....we are not inclined," Justice Khanna orally told the petitioner.

"We are not inclined to interfere with the impugned judgment. The Special Leave Petition is dismissed," the bench dictated the order.

The genesis of the case lies in a public interest litigation filed by respondent-Sandeep Kumar before the Delhi High Court. This PIL sought a writ of quo warranto against Kejriwal, to show by what authority, qualification and title, he continued to hold the office of the Chief Minister of Delhi under Article 239AA of the Constitution. It further sought the AAP leader's dislodging from the office of CM, after inquiry.

The petitioner claimed that Kejriwal, who was in judicial custody over the Delhi Liquor Policy case, had incurred incapacity to carry out his Constitutional obligations and functions under Articles 239AA (4), 167(b) and (c) of the Constitution. Hence he could no longer function as the Chief Minister.

He also averred that the Delhi Lieutenant Governor was being prevented from discharging his Constitutional obligations under Article 167(c) of the Constitution due to the absence of access to the Chief Minister. 

On April 10, the High Court dismissed this PIL while imposing a cost of Rs.50,000/-, being of the view that it was aimed at gaining publicity. It was noted that the petitioner pursued the petition despite being aware of three orders passed by the court denying identical prayers. Reports on the three orders can be read here, here and here.

It is worthwhile to mention that the Supreme Court recently granted Kejriwal benefit of interim release from judicial custody till June 1.

Case Title: KANT BHATI Versus ARVIND KEJRIWAL AND ORS., Diary No. 19252-2024