"His personal call": Delhi High Court refuses to entertain PIL to remove Arvind Kejriwal as Chief Minister

The Delhi High Court on Thursday refused to entertain a public interest litigation (PIL) petition seeking directions to remove Aam Aadmi Party (AAP) leader Arvind Kejriwal from the post of Chief Minister of Delhi. .The petition filed by Vishnu Gupta, who is the president of an organisation named Hindu Sena, sought removal of Kejriwal citing his arrest in the money laundering case connected to the Delhi excise policy scam.However, a division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora stating it would be Kejriwal's personal call on whether to continue as the CM or not.Nevertheless, the bench did drop a subtle hint.“At times, personal interest has to be subordinate to national interest but that is his (Kejriwal's) personal call,” it remarked.The Court, however, made it clear that it cannot decide the matter and it is upto the Lieutenant Governor of Delhi (LG) or the President of India to take a call on the issue."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 in accordance with law," the Court said.It stated the petitioner is at liberty to approach the President or the LG who are the competent authorities to decide the issue. The petitioner then withdrew the plea..Notably, this is the second PIL to remove Kejriwal as Delhi Chief Minister that the High Court has dismissed. Earlier, on March 28, the High Court had rejected a similar PIL filed by one Surjit Singh Yadav. The High Court had then said that it is for the executive and the President to examine the issue and the Court cannot interfere with the same..Gupta sought directions to remove Kejriwal from the Chief Minister post with effect from March 21, the day Kejriwal was arrested in the money laundering case."If the Chief Minister acts in a manner which offence rule of law and commits breach of the constitutional trust reposed in him. In that eventuality his dismissal from the Office of Chief Minister is inhibited in Article -164 of the Constitution of India. Therefore, the Respondent No.4 [Kejriwal] is guilty of breach of constitutional trust for allegation of corruption and consequently his arrest," the PIL argued.He stated that apart from Kejriwal being in custody of investigating agency, the provision of Articles 154, 162 and 163 are not been carried out by the Government of NCT of Delhi with effect from March 21 as no cabinet meetings are taking place to aid and advice the Governor in exercise of his executive functions. "The Governor in accordance with Constitution is the basic structure of the Constitution of India and parliamentary democracy and if this situation has arisen where Constitution is not working, in that eventuality Writ of Mandamus may be issued to the Respondents for taking actions to implement the Constitutional Scheme for working of the Constitution of India," the plea added.