Delhi HC to hear plea seeking Kejriwal's removal from CM post after rejecting it two times

Delhi High Court has decided to hear plea of former AAP MLA Sandeep Kumar seeking the removal of arrested party leader Arvind Kejriwal from the post of chief minister of the national capital on Monday. The high court had earlier rejected two public interest litigation pleas seeking Kejriwal's removal from the chief minister's post.

On April 4, a bench of Acting Chief Justice Manmohan and Justice Manmeet P S Arora refused to entertain a PIL on the issue, saying it was Kejriwal's personal choice to continue as the chief minister.

Earlier, the bench had dismissed a similar PIL, observing that the petitioner had failed to show any legal bar that prohibited the arrested chief minister from holding office. It was observed that there was no scope for judicial interference in the matter and that it was for the other organs of the State to look into the issue.


The AAP convenor has been sent to judicial custody till April 15 in the money laundering case linked to the alleged excise policy scam. He is currently lodged at Tihar Jail.

Plea to remove Kejriwal from CM post:
The new petition listed before Delhi HC claims that Kejriwal has incurred an "incapacity" to carry out the chief minister's functions under the Constitution. The plea argues that Kejriwal's 'unavailability' complicates the constitutional mechanism and he can never function as the chief minister from prison according to the mandate of the Constitution.

"Article 239AA(4) of the Constitution provides for the Council of Ministers with the chief minister at the head to aid and advise the lieutenant governor in the exercise of his functions in relation to matters with respect to which the legislative Assembly has power to make laws. The aid and advice to the lieutenant governor are practically not possible without the chief minister being a free person available to render his aid and advice under the Constitution," the petition says.

Delhi CM arrest:
Kejriwal was arrested on March 21 by the probe agency on charges of corruption in the excise policy case.

"Arvind Kejriwal has also been intrinsically involved in the entire conspiracy of the Delhi liquor scam, wherein the policy was drafted and implemented in a manner wherein certain private persons were favoured and benefitted in a quid pro quo of receiving kickbacks," PTI quoted the central agency as saying in its remand.

For the first time in independent India, a serving Chief Minister has been arrested. The move came after Kejriwal skipped multiple summonses by the investigation agency, nine in total, calling them "illegal.".

The case pertains to alleged irregularities and money laundering in framing and implementing the Delhi Excise Policy 2022, which was later scrapped.

Former deputy chief minister Manish Sisodia and Rajya Sabha MP Sanjay Singh were arrested in connection with the case. However, Singh has been granted bail on the directions of the apex court.

(with agency inputs)