New Delhi: The Supreme Court on Monday junked a plea seeking the removal of Arvind Kejriwal from the post of Delhi Chief Minister after he was arrested in a money laundering case in connection with the Delhi liquor policy case.
A bench comprising Justices Sanjiv Khanna and Dipankar Datta said, "It is up to Delhi LG to act if he wants to but we will not interfere". The bench said that it is a matter of propriety but there is no legal right seeking the removal of Kejriwal as Chief Minister following his arrest.
The bench also pointed out that the petitioner, Kant Bhati, who moved before the apex court was not the petitioner before the Delhi High Court.
"We are not inclined to interfere with the impugned judgment. The Special Leave Petition is dismissed," said the bench, in its order. The petitioner before the High Court had claimed that Kejriwal, who was in judicial custody regarding the Delhi liquor policy case, had incurred incapacity to carry out his constitutional obligations and functions under Articles 239AA (4), 167(b) and (c) of the Constitution. The petitioner had stressed that Kejriwal cannot continue as Chief Minister.
The High Court, in April, dismissed the petition and imposed a cost of Rs.50,000, saying that the petition was aimed at gaining publicity.
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