HC refuse to entertain PIL seeking removal of Arvind Kejriwal as CM [Read Order]

NEW DELHI: The Delhi High Court on Thursday refused to entertain a PIL filed by Vishnu Gupta, president of Hindu Sena, seeking immediate direction for removing Arvind Kejriwal as Chief Minister of Delhi, while observing that personal interest should be subordinate to national interest.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora granted Gupta, an alternative remedy of making a representation to the Delhi Lieutenant Governor.

"The LG will take action as per the Constitution. You have all the avenues open under the law," the bench told his counsel.  

"At times personal interest has to be subordinate to national interest but that is his (Kejriwal's) personal call," the bench added.

Refusing to entertain the plea filed by Gupta, the HC pointed out that a similar PIL filed by Surjit Singh Yadav was earlier rejected by the Court.

Gupta led by advocate Barun Kumar Sinha argued that he is seeking a writ of quo warranto and that Kejriwal is guilty of the constitutional breach of trust and has no right to continue as CM of Delhi.

"He has created a constitutional deadlock," he said.

The HC, after hearing the arguments, asked him to withdrew it and he did so.

"This Court clarifies that it has not commented on the merits of the proposed representation to be filed by the petitioner. The rights and contentions of all the parties are left open," the HC said in its order.

Kejriwal has been arrested on March 21 by the Enforcement Directorate in a money laundering case for allegedly received Rs 100 Cr in liquor policy scam case. The investigating agency has called him kingpin while his counsel claimed he was arrested to humiliate him and affect his party's chances in General Elections.

Kejriwal's party AAP has rejected repeated demands by BJP leaders to resign from the post of Chief Minister. The LG had earlier also said Delhi government would not be run from jail.

[Read Order]