Delhi HC to hear plea seeking Kejriwal's removal as CM
What's the story
The Delhi High Court will hear a Public Interest Litigation (PIL) calling for the dismissal of Arvind Kejriwal from his position as chief minister of Delhi.
A bench headed by Acting Chief Justice Manmohan will hear the matter on Thursday.
Kejriwal was placed under the custody of the Enforcement Directorate (ED) for six days a day after his arrest on March 21 in connection with a money laundering case linked to the now-scrapped excise policy.
Context
Why does this story matter?
A self-proclaimed farmer and social worker from Delhi, Surjit Singh Yadav, had filed two PILs in the Delhi High Court seeking the removal of Kejriwal and to prevent him from issuing directions.
Yadav has said that if Kejriwal continues as chief minister, it will not only break down the constitutional system in the state but also obstruct the due process of law and the course of justice.
Article 226
Yadav moved the court through writ petition under Article 226
Yadav had filed a writ petition under Article 226 asking the court to issue a Quo Warranto—requiring Kejriwal to explain under what authority he is continuing as CM.
He argued that the Government of the National Capital Territory of Delhi Rules, 1993, give the CM the power to ask any department for files.
If Kejriwal continues as the CM, he would have the rights to demand the investigation of files in which he has been named an accused, he added.
Political stand
Kejriwal's arrest and continuation as chief minister
Despite Kejriwal's arrest, there has been no indication of a change in leadership from the Delhi government.
Minister Atishi made the stance clear on March 21 that Kejriwal will not step down from his role.
She asserted, "Arvind Kejriwal was the Delhi CM, is the CM and will continue to remain the CM, he will not resign."
The statement was made after the high court declined to provide interim protection to Kejriwal from coercive action in the case.
Expert opinion
Legal experts weigh in on Kejriwal's situation
Meanwhile, legal professionals have suggested that if Kejriwal insists on governing from jail, it could lead to the imposition of the president's rule.
They point out that an elected chief minister cannot realistically perform all duties while in custody.
However, they also emphasize that whether an arrest alone should compel a sitting chief minister to resign is a question for the courts to decide.
Ongoing developments
Kejriwal continues governance despite arrest
Kejriwal, for his part, continues to run his government from jail.
On Tuesday, he issued a second order from ED custody, asking Health Minister Saurabh Bharadwaj to address the paucity of medicines and diagnostic tests at Mohalla Clinics and hospitals.
Kejriwal's first order from jail, issued on Sunday, urged minister Atishi to address water and sewage-related grievances.