The Delhi High Court dealt a decisive blow on Thursday, rejecting yet another plea seeking the removal of Chief Minister Arvind Kejriwal from office. The bench, consisting of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, made it clear that the courts would not step into "this thicket" and that the proper course of action lies with a different authority.
Emphasizing its stance, the bench stated firmly that the courts do not have the authority to remove a chief minister, a task reserved for the legislature. The bench highlighted that the Lieutenant Governor (LG) was already examining the situation, indicating that the matter was in due process. "At times personal interest has to be subordinate to national interest but that is his [Kejriwal]'s personal call. The other forum is already seized of the matter," the bench remarked, allowing Vishnu Gupta, president of Hindu Sena, to withdraw his petition.
The court further adds if any “constitutional failure” exists due to the arrest of a chief minister, it is for the President to act on it rather than the court.
In his petition, Gupta said Kejriwal committed a breach of constitutional trust as soon as he was arrested. It added Kejriwal’s continuation as the chief minister is unconstitutional. The plea said the LG was under constitutional obligation to dismiss Kejriwal.