The Hindu Sena on Friday (March 29) has filed a fresh petition in the Delhi High Court to remove Kejriwal from the post of Chief Minister.
In the petition, it has been demanded from the court that it should order Delhi’s Lieutenant Governor to dismiss Chief Minister Kejriwal from the post and run Delhi through the Central Government via LG.
On Thursday, the Delhi High Court dismissed a PIL that was seeking direction for the removal of Arvind Kejriwal from the post of Chief Minister of NCT Delhi. The Court, while dismissing the said PIL, stated that there is no scope for judicial interference in the matter.
The fresh PIL has been moved by Vishnu Gupta, President of an organisation named Hindu Sena.
The plea stated that the Constitution of India did not visualise a situation where, in the event of arrest, the Chief Minister could run his government either from judicial custody or from police custody. “However, it is not settled law that constitutional courts can interfere with the provisions of the constitution to ensure purity in administration and governance,” the plea read.
“Therefore, the makers of the Indian Constitution have carefully made provisions in Article 163 & 164 to
the effect of the Council or Minister with the Chief Minister as the head to aid and advise the Governor to exercise or his function except discretionary functions or the Governor under the Constitution,” stated the plea.
The plea moved through Advocate Barun Sinha stated that “Arvind Kejriwal, as a Chief Minister of NCT of Delhi has committed a breach of the constitutional trust reposed in him by the Constitution of India as soon as he was arrested in connection with an ED under the Prevention of Money Laundering Act, 2002. Therefore, owing to constitutional morality, he ought to have resigned before being taken into custody by the investigating agency”.
“However, Arvind Kejriwal decided to continue as Chief Minister and run the government either from police custody or judicial custody. Be it as it may, the arrest of Arvind Kejriwal as Chief Minister is in violation of constitutional trust, which is inhibited in Article 164 of the Constitution of India.Therefore, the Governor is under constitutional obligation to dismiss Arvind Kejriwal from the office of Chief Minister,” it added.
The plea further mentioned that since Arvind Kejriwal is in police custody, or judicial custody till date, therefore, in terms of Articles 154, 162 & 163 of the Constitution of India, the Lieutenant Governor of NCT of Delhi is unable to exercise his power in the absence of advice by the council of ministers.
“Therefore, w.e.f. March 21, 2024, the functions of the government of the NCT of Delhi are not being carried out in accordance with the scheme of the Constitution. Therefore, the dismissal of Arvind Kejriwal from the Office of
Chief Minister is necessitated to uphold the constitution and parliamentary democracy, which are fundamental rights of a citizen,” stated the fresh petition.
(With inputs from ANI)
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