The Delhi High Court declined to consider a public interest litigation (PIL) petition on Thursday, which had sought instructions for the removal of Arvind Kejriwal from his position as Chief Minister of Delhi. A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora rejected the PIL filed by Vishnu Gupta, the president of an organization called Hindu Sena. Gupta had filed the PIL seeking the removal of Arvind Kejriwal from his position as Chief Minister, citing Kejriwal’s arrest in a money laundering case related to the Delhi excise policy scam. The Court declined to consider the PIL, stating that it would be Kejriwal’s personal decision whether to continue in his role or not.
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Court Defers to LG and President: Petitioner Withdraws Plea
The Court asserted that it lacks the authority to make a decision on the matter and that it falls within the jurisdiction of either the Lieutenant Governor of Delhi (LG) or the President of India. The Court state that it cannot determine whether the government is functioning or not, as the LG is fully empowere to make such decisions and does not require their guidance. They emphasized that they are not in a position to advise the LG, and he will act according to the law. The Court declared its decision not to intervene in the matter and advised the petitioner that their recourse lies with the President of India or the LG. Consequently, the petitioner opted to withdraw the plea.
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Petitioner: Delhi Government Neglects Constitution
The petitioner highlights that, apart from Kejriwal being in custody of the investigating agency, the Government of NCT of Delhi has not been adhering to the provisions of Articles 154, 162, and 163 since March 21, as no cabinet meetings are being to assist and advise the Governor in exercising executive functions. The plea argued that the Governor, as per the Constitution, is fundamental to the basic structure of the Indian Constitution and parliamentary democracy. If a situation arises where the Constitution is not being upheld, the plea suggest that the respondents could be issue a Writ of Mandamus to take actions to ensure the implementation of the Constitutional Scheme and the proper functioning of the Constitution of India.
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