Delhi HC rejects PIL seeking removal of Arvind Kejriwal as CM

Delhi HC rejects PIL seeking removal of Arvind Kejriwal as CM

The Delhi High Court on Thursday rejected a Public Interest Litigation (PIL) petition aimed at removing Arvind Kejriwal from his position as the Chief Minister of Delhi. Vishnu Gupta, the president of Hindu Sena, filed the petition citing Kejriwal's arrest in connection with a money laundering case linked to the Delhi excise policy scam.

The petition sought Kejriwal's removal from office, arguing that his arrest indicated a breach of constitutional trust and a violation of the rule of law. It contended that Kejriwal's custody by investigating agencies had led to a halt in the functioning of the Delhi government, as cabinet meetings were not being convened to advise the Governor in the exercise of executive functions.

However, the Delhi High Court bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, refused to entertain the petition, asserting that the decision to continue as Chief Minister rested with Kejriwal himself. 

While dropping a subtle hint that personal interests should sometimes be subordinate to national interests, the court emphasized that it could not decide on the matter. Instead, it indicated that the Lieutenant Governor of Delhi or the President of India were the competent authorities to address such issues.

The court's stance underscores the separation of powers and the principle of executive discretion enshrined in the Indian Constitution. It reiterated that the judiciary cannot interfere with matters falling within the purview of the executive branch. 

The court emphasized that the petitioner was at liberty to approach the President or the Lieutenant Governor, as they are the competent authorities to address concerns regarding the functioning of the Delhi government.

This is not the first time such a petition has been dismissed by the Delhi High Court. A similar PIL filed earlier by Surjit Singh Yadav met the same fate, with the court reiterating that it is for the executive and the President to examine such issues, and the judiciary cannot intervene.

 

 

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