Delhi HC refuses to entertain plea seeking removal of Kejriwal from CM’s post

Delhi HC refuses to entertain plea seeking removal of Kejriwal from CM’s post

New Delhi, Apr 4 : The Delhi High Court on Thursday refused to entertain the Public Interest Litigation (PIL) seeking to remove Arvind Kejriwal as Chief Minister of Delhi but says ‘personal interest should be subordinate to national interest’.

A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora refused to entertain the plea noting that a similar PIL was earlier rejected by the Court.

The Court while hearing the PIL filed by Vishnu Gupta, president of Hindu Sena said that he could approach the Lieutenant Governor with his plea, adding to let the democracy take its course.

“How can we declare that the government is not functioning? The LG is fully competent to decide it. He (LG) does not need our guidance. We are no one to advise him. He will do whatever he has to under the law,” Justice Manmohan observed.

The Court further said that it would not interfere in the issue and petitioners’ remedy lies before the President of India or the LG.

“You raise the issue before another forum. Another forum is seized of the issue.”

Gupta’s counsel argued that ‘Kejriwal has created a constitutional deadlock,” he is guilty of the constitutional breach of trust and has not right to continue as CM.

Justice Manmohan said, “The Court is not administering the state and if next time there is a war with a neighbouring country someone will come and ask Courts to step in.”

“Right or wrong, we have taken a view in another case in [Surjit Singh Yadav case where the Court dismissed a similar PIL]. Let me tell you this matter is like a James Bond film. There is only a sequel and no conclusion,” ACJ Manmohan said.

Senior Advocate Rahul Mehra appeared for Kejriwal and said that after the High Court’s orders in Surjit Singh Yadav’s case, the petitioner should have withdrawn his case at the outset. “He has argued his case here for 20 minutes and now wants to withdraw and press it before another forum,” Mehra said.

The Court though refused to pass any orders, but allowed Gupta to withdraw the case.


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