Former Aam Aadmi Party MLA Sandeep Kumar has filed a writ petition with the Delhi High Court, urging for the ousting of Arvind Kejriwal from his position as Chief Minister of Delhi. Kejriwal is currently under judicial custody due to an ED case concerning the excise policy.

This marks the third attempt to make such a request, with the previous two petitions being dismissed by a division bench led by Acting Chief Justice Manmohan.

Kumar asserts that he has approached the Court in his personal capacity through a writ petition, rather than as a Public Interest Litigation (PIL), emphasizing the Court's role as the primary forum for such matters in writ jurisdiction. As a lawyer by profession and a founding member of the Aam Aadmi Party, he describes himself as a committed social worker.

The plea requests the issuance of a writ of quo warranto against Kejriwal, compelling him to demonstrate the authority, qualifications, and title under which he holds the position of Chief Minister of Delhi.

Additionally, the plea requests that following an investigation, Kejriwal be removed from the position of Chief Minister of Delhi, with or without retrospective effect. Kumar contends that as a voter in the Delhi Assembly Election, he suffers personal grievance due to having a Chief Minister for his Union Territory who is deemed incapable of holding the post and cannot fulfill the duties of Chief Minister while in custody or prison, as outlined in the Constitution of India.

The plea asserts that Kejriwal has become incapable of fulfilling his duties as Chief Minister of Delhi according to the Constitution, rendering him ineligible to hold the position.

Previously, the bench rejected a similar PIL, noting that the petitioner, Surjit Singh Yadav, did not demonstrate any legal impediment preventing an arrested Chief Minister from retaining office. The court emphasized that judicial intervention in such matters is limited and that it falls within the purview of other branches of the state to address the issue.