No Constitutional Barrier to Kejriwal’s Tenure as CM: Delhi High Court

In a significant ruling, the Delhi High Court provided relief to Chief Minister Arvind Kejriwal, dismissing a petition that sought his removal from office. The court declared that there is no constitutional mandate that prevents Kejriwal from continuing his tenure as the Chief Minister. This judgment effectively quashes the plea demanding Kejriwal’s ouster.

The case, presided over by a bench led by Acting Chief Justice Manmohan, emphasized that the issue falls within the executive’s purview. The Delhi Lieutenant Governor will review the matter before it is escalated to the President, thus ruling out the court’s intervention in this affair.

The petition, filed by an individual named Surjit Yadav, argued for Kejriwal’s removal following his arrest on March 21 in connection with the excise case. Yadav, who also sought to restrain Kejriwal from issuing directives to ministers from ED custody, labeled himself as a concerned citizen.

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In its deliberation, the court underlined that any failure of governance would warrant action by the Governor or the President. The bench pointed out the ongoing investigation by the Lieutenant Governor into the matter and questioned the petitioner’s basis for judicial intervention, emphasizing the lack of any legal prohibitions against Kejriwal’s role as Chief Minister.

The court reassured that the executive branch would address the situation, acknowledging that while the circumstances might be unprecedented, they do not constitute a legal barrier to Kejriwal’s continuation in office.

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