Delhi High Court Transfers Sandeep Kumar's Plea Seeking Kejriwal's Removal as Chief Minister

The Delhi High Court on Monday transferred a plea filed by former AAP MLA Sandeep Kumar, who sought to remove Arvind Kejriwal from his position as Delhi chief minister following his arrest by the Enforcement Directorate (ED) in connection with the excise policy case. The court noted that similar pleas had been heard and rejected by another bench and directed the matter to be heard by a bench led by acting chief justice Manmohan, with the matter scheduled to be heard next on April 10.

Justice Subramonium Prasad, presiding over the bench, remarked that heavy costs should have been imposed on the petitioner for what he perceived as a publicity stunt, as he transferred the plea.

In his petition, Sandeep Kumar argued that Arvind Kejriwal's arrest by the ED acts as a hindrance and prevents him from fulfilling his duties as chief minister, as outlined in Article 239AA(4) of the Constitution. The petitioner contended that the chief minister's unavailability hampers the constitutional mechanism and renders him unable to provide aid and advice to the lieutenant governor, a crucial aspect of his role. The plea called for the issuance of a writ of quo warranto against Arvind Kejriwal, questioning the authority by which he holds the office of chief minister, and seeking his removal from office.

Arvind Kejriwal, who was arrested on March 21, is currently detained in Tihar Jail. This comes after the high court previously rejected two public interest litigation pleas seeking Kejriwal's removal from the chief minister's post. The court had previously asserted that it was within Kejriwal's discretion to continue in his role as chief minister and that no legal barriers were preventing an arrested individual from holding office.​