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The Delhi High Court today dismissed a plea to immediately remove Aam Aadmi Party leader Arvind Kejriwal from the post of the Chief Minister of Delhi.
The petitioner, Harinath Ram, had sought Kejriwal’s removal on the grounds that he was facing serious criminal charges before a Delhi trial court for assaulting erstwhile Chief Secretary of NCT of Delhi, Anshu Prakash.
Since people have a right to be governed by truthful elected representatives and not those who are indulged into criminal acts, Kejriwal has no legal/constitutional right to continue as a Chief Minister, the petitioner claimed.
The petitioner thus sought an appropriate direction to the Lieutenant Governor of Delhi to urgently remove Arvind Kejriwal as well as other accused ministers for breaching their oath under the Third Schedule of the Constitution of India and the Constitutional trust under Article 164 (3).
Refusing to accept the assertions made by the petitioner, a Division Bench of Chief Justice Rajendra Menon and V Kameswar Rao said,
“Elected authorities cannot be removed like this.”
The Court further observed that the prosecution before the trial court was still pending, and that the Delhi Chief Minister had not been convicted of any of offence till now.
“Prosecution is still going on. He may get acquitted. What will you do then?“, Justice Rao exclaimed.
Dissmissng the plea, Justice Menon said,
“Come after he is convicted.“
Image taken from here.