On Friday, the Hindu Sena filed a new suit asking arvind kejriwal to be removed from his position as chief minister in the delhi High Court. Hindu Sena President vishnu Gupta filed the appeal, requesting that the court direct Delhi's Lieutenant governor to remove chief minister arvind kejriwal from his position and administer delhi via the lg on behalf of the federal government.
 
A same plea, filed earlier on Thursday, asked for arvind kejriwal to be removed from his position as chief minister in light of his detention by the Enforcement Directorate in connection with a delhi liquor policy case. The delhi High court denied the petition.
 
Acting Chief Justice Manmohan's bench declined to discuss the merits of the case, stating that it was outside the purview of judicial intervention.
 
The bench, which included Justice Manmeet PS Arora, stated that "it is for the other wings of the government to examine in accordance with the law," according to news agency PTI.
 
The court urged the petitioner Surjit Singh Yadav's attorney to provide the legal obstacle to Arvind Kejriwal's continued tenure as chief minister at the hearing.

Practical issues might arise, but that's an other matter. "Where is the bar of law?" the judge inquired.

According to the recently filed Public Interest Litigation, the Constitution did not envision a scenario in which the chief minister could govern from either police or court custody following an arrest.
 
In light of this, the plea stated that the indian Constitution's authors carefully crafted provisions in Articles 163 and 164 to the effect that the Council or minister, with the chief minister serving as the head, aid and advise the governor to exercise his functions, with the exception of the Governor's discretionary powers.
 
"As soon as arvind kejriwal was detained in connection with an ED under the Prevention of Money Laundering Act, 2002, he violated the fundamental trust that the indian Constitution owed him in his capacity as chief minister of the National capital Territory of Delhi. Therefore, he should have resigned before to being placed under arrest by the investigative agency due to constitutional morals.
 
"However, arvind kejriwal decided to continue as chief minister and run the government either from police custody or judicial custody. Be it as it may, the arrest of arvind kejriwal as chief minister is in violation of constitutional trust, which is inhibited in Article 164 of the Constitution of India.Therefore, the governor is under constitutional obligation to dismiss arvind kejriwal from the office of chief minister," stated the fresh petition.

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G GOWTHAM

30/03/2024 12:04 PM