"Show us, where is the prohibition? Show us any legal bar which you're canvassing." The Acting Chief Justice Manmohan asked the petitioner seeking removal from court. He said it is for the executive to decide.
The court heard the PIL and observed that since there is no legal bar on Kejriwal to continue in his position as Delhi CM, the court cannot interfere. The court however said that if there is a constitutional failure then a President or LG will act on it. The court cannot ask for imposition of President's rule.
The ACJ Manmohan also said that the court should not get into politics and it is a matter for the Executive to decide. The high court further said that the court has not commented on the merits of the petition.
The PIL was moved by one Surjit Singh Yadav, a Delhi resident who claims to be a farmer and social worker. Yadav contended that Kejriwal's continuation on the chief minister post will not only lead to obstruction of due process of law and disrupt the course of Justice, but also would lead to breakdown of the constitutional machinery in the State.
The PIL states that a Chief Minister who has been accused of a financial scandal should not be permitted to continue in public office.
Yadav moved the high court through a writ petition under Article 226 and prayed to the the court to issue a writ in the nature of Quo Warranto, calling upon Kejriwal to answer under what authority he is holding the post of Chief Minister.
The pleas state that the Constitutional morality, good governance and Constitutional trust are the basic norms for holding a public office.
"That the Constitutional function of the Council of Ministers headed by the Chief Minister is to aid and advise the Governor in the exercise of his functions, however, if the Chief Minister is in the custody it would lead to breakdown the Constitutional machinery in the state. The persons hold high public office such as Chief Minister should go down to the norms of the Constitution and not to act in a manner which is violative of the rule of law or arbitrary," the PIL contended.
It further said that the transaction of business of the Government of National Capital Territory of Delhi Rules, 1993 empowers a CM to call tor files from any department of the Cabinet and if Kejriwal continues as CM, he would be well within his rights to demand for the investigation of files wherein he has been named as an accused.
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