New Petition Filed In Delhi High Court Urging Removal of Arvind Kejriwal From Chief Ministerial Post.
(Judicial Quest news Network)
In a significant development, a fresh PIL against Aam Admi Party national Conveynor and Delhi Chief Minster Arvind Kejriwal is filed in Delhi High Court seeking his removal from the Delhi CM post.
The petition filed by Hindu Sena President Mr. Vishnu Gupta demanded that the court should order Delhi Lieutenant Governor VK Ssaxena to remove CM Arvind Kejriwal from his post.
The petitioner submits that the Constitution of India did not visualize a situation where in the event of arrest of the Chief Minister can run his government either from judicial custody or from Police custody. However, it is not settled law that constitutional courts can restrict the provisions of the constitution to ensure purity in administration and governance.
Earlier, the Delhi High Court had dismissed a plea that was seeking a direction for the removal of Arvind Kejriwal from the post of CM of NCT Delhi.The court whle dismissing the plea had said that there was noscope for judicial interference in the matter.
The fresh PIL submits that Arvind Kejriwal has been arrested by ED in conection with an offence under PMLA and thus, he is guilty of breach of Constitutional trust reposed in him by Constitution of Inda.
It is pertinent to mention that constitutional trust is part and parcel of parliamentary democracy which is basic features of Indian Constitution.
In that eventuality his dismissal from the Office of Chief Minister is inhibited in Article -164 of the Constitution of India. Therefore, the
Arvind Kejriwal is guilty of breach of constitutional trust for allegation of corruption and consequently his arrest.
The petitioner furthermore submits that that apart being in custody of investigating agency, the provision of Article -154, 162 & 163 are not been carried out by the Government of NCT of Delhi w.e.f. 21.03.2024 as no Cabinet Meetings are taking place to aid and advice the Governor in exercise of his executive functions. The Governor in accordance with Constitution is the basis structure of the Constitution of India and parliamentary democracy and if this situation has arisen where Constitution is not working, in that eventuality Writ of Mandamus may be issued to the Respondents for taking actions to implement the Constitutional Scheme for working of the Constititon of India.
Arvind Kejriwal is presently in ED custody. He was arrested on March, 21. The Trial court had remanded him to six days of ED custody which was furhter extended by four days.
