The Fact News Service
New Delhi, April 10
The Delhi High Court on Wednesday dismissed a plea moved by Delhi’s former Minister Sandeep Kumar, seeking direction to remove Arvind Kejriwal from holding the post of Chief Minister.
The Court said, “This is the third petition with identical prayers. We will impose a Rs 50,000 fine on the petitioner. Stop making a mockery of the system. Costs are the only way to curb such petitions.”
The bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora showed displeasure with the petitioner and stated that the Governor will take a call on this.
“We won’t. Don’t give political speeches in court. You’re trying to involve us in political tricket,” it said.
An ex-minister in the Aam Aadmi Party government and former MLA has recently filed a petition in the Delhi High Court, seeking the removal of Arvind Kejriwal from holding the post of Chief Minister.
The petition claims a writ of quo-warranto against Arvind Kejriwal, alleging that he has incurred the incapacity to hold the office of Chief Minister of Delhi after his arrest by the Enforcement Directorate in Excise Policy case.
Petitioner Sandeep Kumar, former Minister for Women and Child Development, Social Welfare, SC/ST Govt of NCT of Delhi in Aam Aadmi Party government and former MLA from Sultanpur Mazra Vidhanbasa Delhi, through plea stated that Arvind Kejriwal, while lodged in jail, has incurred an incapacity to carry out his constitutional obligations and functions under Articles 239AA (4), 167 (b) and (c) and proviso to sub-section (4) of section 14 of the
Disaster Management Act, 2005 and hence he can no longer function as the Chief Minister of Delhi.
It further stated that the Chief Minister, while in jail, prevents the Lieutenant Governor from exercising his constitutional obligations and functions under Article 167 (c) of the Constitution, which is identical to Section 45 (c) of the Delhi Act, 1991 and for this reason also, he cannot continue in office.
In 2019, he was disqualified by Delhi assembly speaker Ram Niwas Goel under the anti-defection law after he supported the Bahujan Samaj Party (BSP) in the Lok Sabha elections
In 2016, AAP suspended its MLA and ex-minister Sandeep Kumar after a raging controversy over an ‘objectionable CD’ that showed him in a compromising position with a woman.
Recently, the Delhi High Court refused to entertain two Public Interest Litigation (PIL) directions to remove Kejriwal from the post of Chief Minister.
During the arguments, the bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora made oral observations and stated that, at times, personal interest has to be subordinate to national interest.
“We do not administer the state. The petitioner can approach the Lieutenant Governor with the grievance raised in the petition,” said the Delhi HC.
The Delhi High Court on Tuesday, in a separate order, upheld the legality of Arvind Kejriwal’s arrest by the Enforcement Directorate in the Excise Case and said the repeated non-compliance of summons for over a period of six months by Arvind Kejriwal was indeed a contributing factor in his arrest.
“Had the petitioner joined the investigation pursuant to the issuance of summons under Section 50 of PMLA, he could have given his version before the investigating agency against the material that it had collected,” said the court.
Kejriwal was arrested on March 21 by the Enforcement Directorate in relation to the excise policy case.
The trial court sent Arvind Kejriwal to judicial custody on April 15, 2024. ED alleged that the Aam Adami Party (AAP) is the major beneficiary of the proceeds of crime generated in the alleged liquor scam.
