Former AAP MLA Sandeep Kumar files petition in Delhi HC to dismiss Kejriwal as CM

Former AAP minister Sandeep Kumar has filed a petition in the Delhi High Court demanding the removal of Arvind Kejriwal as Delhi’s Chief Minister amid his judicial custody in a money laundering case. Kumar argues that Kejriwal’s absence may disrupt disaster management duties, impacting citizens’ right to life.

Kumar points out that Kejriwal, as the ex-officio Vice Chairman of the State Disaster Management Authority, cannot fulfill his duties while in custody, potentially paralyzing disaster management in Delhi. This could violate citizens’ rights under Article 21 of the Indian Constitution. The petition emphasizes the critical nature of the role under the Disaster Management Act, noting that no risks can be taken in this matter.

The plea highlights that Kejriwal’s incarceration has rendered him unfit to carry out his constitutional obligations under various provisions, including Articles 239AA (4), 167 (b) and (c), and the Disaster Management Act. The petitioner also argues that Kejriwal’s continued presence in office hinders the Lieutenant Governor from exercising his Constitutional obligations under the law.

In a related development, the Delhi High Court has rejected a PIL filed by Hindu Sena President Vishnu Gupta seeking Kejriwal’s removal as Chief Minister. Gupta’s petition alleged that Kejriwal’s arrest by the ED creates a breach of the constitutional trust mandated by the Constitution. The court’s decision adds another layer to the ongoing legal battle surrounding Kejriwal’s position in the wake of his legal troubles.