The Supreme Court on Monday, May 13, dismissed a plea seeking to remove AAP convener and Delhi Chief Minister Arvind Kejriwal as CM because of his arrest by the Enforcement Directorate in the liquor policy case. The two judges bench said it is up to the Delhi LG to act if he wants to, but we will not interfere.
The bench of Justices Sanjiv Khanna and Dipankar Datta said that the Court was not inclined to interfere with the Delhi High Court's judgment dismissing the plea to remove Kejriwal as the Chief Minister of Delhi.
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What is the legal right? Why should we go into all this? On propriety, you may certainly have something to say, but no legal right. Let the LG take action if he wants to... we are not inclined," Justice Khanna orally told the petitioner, as reported by Live Law.
The petitioner claimed that Kejriwal, who was in judicial custody over the Delhi Liquor Policy case, had incurred incapacity to carry out his Constitutional obligations and functions under Articles 239AA (4), 167(b) and (c) of the Constitution. Hence he could no longer function as the Chief Minister.
The bench also stated that the petitioner who has approached the Supreme Court, Kant Bhati, was not the petitioner before the High Court.