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NEW DELHI — The Delhi High Court will hear on Thursday a public interest litigation (PIL) seeking Delhi Chief Minister Arvind Kejriwal's removal from office.
A bench headed by Acting Chief Justice Manmohan will hear the matter.
The petitioner, Surjit Singh Yadav, a resident of Delhi and self-proclaimed farmer and social worker, has contended that Kejriwal's arrest by the Enforcement Directorate (ED) in connection with a liquor policy case renders him unfit to hold a public office.
Yadav has argued that a Chief Minister -- currently in ED's custody till March 28 -- embroiled in a financial scandal should not be allowed to continue in office, asserting that his incarceration not only obstructs the due process of law but also undermines the constitutional machinery of the state.
Citing Articles 163 and 164 of the Constitution, the petitioner has claimed that Kejriwal's current status as an inmate incapacitates him from fulfilling the duties and responsibilities of his position as a Chief Minister.
The plea further talks about the practicality of a jailed Chief Minister conducting governmental affairs from prison, suggesting that the scrutiny imposed by prison authorities on all materials reaching Kejriwal would violate the oath of secrecy administered to him as Chief Minister.
Additionally, Yadav has argued that allowing Kejriwal to retain his position would permit him to influence investigations in which he is implicated, contradicting principles of criminal jurisprudence.
The petitioner has urged the court to issue a writ of Quo Warranto, compelling Kejriwal to justify his authority to hold the office of Chief Minister and ultimately, to remove him from the position.
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