HC dismisses petition to remove Kejriwal as CM

He contended that the continuation of Mr. Kejriwal as the Chief Minister would not only lead to disruption of law and order but also lead to the breakdown of the constitutional machinery of the State.

The court, however, asked Mr. Yadav to show the “legal bar” which prohibits Mr. Kejriwal from acting as Chief Minister from behind bars.

“239AB (Provision in case of failure of constitutional machinery) is not to be exercised by the High Court, it is to be exercised by the Governor. The Governor will exercise it, and it will go to the President, but the problem is, which we are asking you (petitioner) is, is there any scope for judicial interference on this issue,” the HC asked.

“We have read today’s newspaper, the Lieutenant Governor is examining this issue. It will go the President for examination, that is up to them. That (task) belongs to a different wing,” the Bench said.

“239AB is not something which we will consider. We don’t have to give them (the executive) any guidance. We don’t impose President’s rule. The executive branch does it,” the Bench said.

“Probably this situation was not envisaged. There is not legal bar that you (petitioner) are able to submit,” it said while declining the plea.

The plea argued that “sitting in jail the Chief Minister is incapable of transacting any business that the law enjoins upon him”. It said if he is allowed to do so, any material, irrespective of its secretive nature, would have to be scanned thoroughly by the prison authorities before it reaches the hands of Mr. Kejriwal.

“Such an act would amount to direct breach of oath of secrecy administered to the Respondent No.4 (Mr. Kejriwal) under the Third Schedule of the Constitution of India,” the plea added.