On Thursday, the Delhi High Court dismissed a Public Interest Litigation (PIL) seeking the removal of Arvind Kejriwal from his position as Chief Minister of Delhi. Kejriwal had been arrested by the Enforcement Directorate (ED) in connection with the liquor policy case. The division bench, consisting of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, stated that the petitioner did not provide any evidence of a legal prohibition preventing an arrested Chief Minister from continuing to hold office. The bench challenged the petitioner to identify any specific legal restriction that they were asserting.
“The bench further emphasized that there is no room for judicial intervention in the issue, highlighting that the executive is currently reviewing the matter.”
The plea was filed by Surjit Singh Yadav, a Delhi resident claiming to be a farmer and social worker, seeking the removal of Arvind Kejriwal from the post of Chief Minister. Yadav argued that a Chief Minister accused of a financial scandal should not be allowed to continue in public office, especially when presently in Enforcement Directorate (ED) custody.
In the PIL titled SURJIT SINGH YADAV v. UNION OF INDIA & ORS., Yadav contended that Kejriwal’s incarceration renders him incapable of performing his duties as Chief Minister, thereby leading to obstruction of due process of law and disruption of justice. He further argued that allowing Kejriwal to continue as Chief Minister would lead to a breakdown of the constitutional machinery in the State.
Yadav highlighted that a jailed Chief Minister would be unable to transact any official business, as all materials would need to be thoroughly scanned by prison authorities before reaching him, potentially breaching the oath of secrecy administered to the CM. Additionally, Yadav pointed out that the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993 empowers the Chief Minister to call for files from any department of the Cabinet, which could pose a conflict of interest if Kejriwal remains in office while under investigation.
The plea sought the Court to issue a writ in the nature of Quo Warranto, questioning Kejriwal’s authority to hold the post of Chief Minister and consequently remove him from office. Yadav has also filed another PIL seeking to prevent Kejriwal from issuing directions or orders while in ED custody.
The Delhi High Court rejected the PIL, emphasizing that there is no legal bar prohibiting an arrested Chief Minister from holding office. Additionally, the Court stated that there is no scope for judicial interference in the matter, as the executive is examining the issue.
