The Delhi High Court has received a PIL seeking removal of the Chief Minister of New Delhi Arvind Kejriwal from his post.
The matter pertaining to the application by the Enforcement Directorate seeking the remand of CM Kejriwal is currently underway at city’s Rouse Avenue Court.
The Chief Minister of Delhi was arrested by Enforcement Directorate in the liquor policy case.
The plea for removal of Arvind Kejriwal from the position of CM was made by one Surjit Singh Yadav,who is resident of Delhi and also is a social worker.
The plea states that a Chief Minister who is accused of a financial scandal should not be permitted to continue in public office.
In his plea, Surjit Yadav added that permitting Kejriwal to continue on the post will not only lead to obstruction of due process of law but will also would lead to breakdown of the constitutional machinery.
The plea mentions that Delhi CM Kejriwal does not satisfy most of the limbs of Article 163 and 164 of the Constitution of India owing to his incarceration.
The Plea also draws attention to the fact that has virtually forfeited his office as a Chief Minister of account of being arrested and as he is in the Custody he has disabled himself from performing the duties and responsibilities of being a public servant and as such he ought not to continue as a Chief Minister.
As per the media reports, the ministers of AAP have said before media that CM Kejriwal will not resign from the post and if need be, he will run the government from inside the prison.
Talking about the Third Schedule of the Constitution, Yadav says that a jailed CM would be incapable of transacting any business that the law enjoins upon him and if he is allowed to do so, any material, irrespective of its secretive nature, would have to be scanned thoroughly by the prison authorities before it reaches Kejriwal’s hands which would be nothing short of oath of secrecy administered to the CM.
The plea talking about the ethos of Criminal Jurisprudence said that the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993 empowers a CM ask for files from department of the Cabinet and if Kejriwal continues as CM, he would be well within his rights to demand for the investigation of files wherein he has been arraigned as an accused.
The plea has also requested the court to issue a writ in the nature of Quo Warranto, calling upon Kejriwal to answer under what authority he is holding the post of CM and consequently remove him.