Former AAP MLA moves Delhi HC seeking removal of Arvind Kejriwal as Delhi CM

Kejriwal, arrested on March 21 and currently detained in Tihar Jail, has faced previous legal challenges regarding his tenure as chief minister.

Former AAP MLA Sandeep Kumar has taken legal action by approaching the Delhi High Court to request the ousting of arrested party leader Arvind Kejriwal from his position as chief minister of the national capital.

The case is scheduled for hearing before Justice Subramonium Prasad on April 8. In his plea, Kumar argues that Kejriwal's arrest by the Enforcement Directorate (ED) due to alleged involvement in a money-laundering case related to the now-defunct excise policy for Delhi has rendered him "incapable" of fulfilling his duties as chief minister under the Constitution.

Kumar asserted that Kejriwal's "unavailability" poses a challenge to the constitutional framework, as a chief minister cannot effectively operate from prison in accordance with the Constitution's mandate. The plea highlights Article 239AA(4) of the Constitution, which outlines the role of the Council of Ministers, led by the chief minister, in aiding and advising the lieutenant governor in matters within the legislative Assembly's jurisdiction.

The petition further requests the issuance of a writ of quo warranto against Kejriwal, questioning his authority and qualifications to hold the office of chief minister under Article 239AA of the Constitution, and seeks his removal from office, either with or without retrospective effect, following an inquiry.

Kejriwal, arrested on March 21 and currently detained in Tihar Jail, has faced previous legal challenges regarding his tenure as chief minister. However, earlier attempts through public interest litigation (PIL) were rejected by the high court, with the bench citing Kejriwal's personal decision to remain in office and emphasising the absence of legal impediments preventing an arrested chief minister from holding office. The court maintained that the issue falls within the purview of other state organs rather than judicial interference.