Former AAP Minister moves Delhi High Court, seeks removal of Kejriwal from CM’s post

Justice Subramonium Prasad may hear the petition in which Sandeep Kumar, who was an MLA from Sultanpur Mazra constituency, said that Arvind Kejriwal cannot carry out his constitutional duties as he is in jail

Delhi Chief Minister and AAP convenor Arvind Kejriwal. | Photo Credit: PTI

Former Aam Aadmi Party Minister Sandeep Kumar has moved the Delhi High Court “seeking to dislodge” Arvind Kejriwal from holding the office of the Chief Minister.

This is the third plea seeking removal of Mr. Kejriwal as Chief Minister after his arrest by the Enforcement Directorate on March 21 in connection with the Delhi excise policy case. The division Bench headed by acting Chief Justice Manmohan had rejected previous two pleas.

Justice Subramonium Prasad may hear the petition on Monday in which Mr. Kumar, who was the MLA from Sultanpur Mazra constituency, pleaded that Mr. Kejriwal is not capable enough to carry out his constitutional duties under articles 239AA (4), 167(b) and (c) and proviso to sub-section (4) of Section 14 of the Disaster Management Act, 2005, as he is in jail.

The plea said the Chief Minister while in jail prevents the Lieutenant Governor from exercising his Constitutional duties under Article 167 (c) of the Constitution which is identical to Section 45 (c) of the Delhi Act, 1991. “Hence this petition for the writ of quo warranto under Article 226 of the Constitution,” the plea said.

Mr. Kumar had held portfolios of women and child development, social welfare, and SC/ST welfare in the AAP government. The party had suspended him after a video showing him and a woman in a compromising situation went viral in 2016.