AAP ex-MLA moves HC for removing Kejriwal as CM

April 06, 2024 22:34

Delhi Chief Minister Arvind Kejriwal/File image

Former AAP MLA Sandeep Kumar has approached the Delhi high court seeking the removal of arrested party leader Arvind Kejriwal from the post of chief minister of the national capital.

The petition is listed for hearing before Justice Subramonium Prasad on Monday.

In his petition, Kumar has said after his arrest by the Enforcement Directorate in connection with a money-laundering case linked to the now-scrapped excise policy for Delhi, Kejriwal has incurred an "incapacity" to carry out the chief minister's functions under the Constitution.

The plea says the Aam Aadmi Party leader's "unavailability" complicates the constitutional mechanism and he can never function as the chief minister from prison according to the mandate of the Constitution.

"Article 239AA(4) of the Constitution provides for the Council of Ministers with the chief minister at the head to aid and advise the lieutenant governor in the exercise of his functions in relation to matters with respect to which the legislative assembly has power to make laws. The aid and advice to the lieutenant governor are practically not possible without the chief minister being a free person available to render his aid and advice under the Constitution," the petition says. -- PTI

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