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A petition was filed against the present Chief Minister of Delhi—Arvind Kejriwal. The petitioner sought to dismiss the Chief Ministerial Post of Arvind Kejriwal which was dismissed by the Delhi High Court.
The petitioner raised contention based on the ground that the current CM was facing serious criminal charges before a Delhi Trial Court for assaulting the earlier Chief Secretary of NCT of Delhi, Anshu Prakash. The petitioner approached the High Court for directing the Lieutenant Governor of Delhi to urgently remove the current Chief Minister and other ministers who are accused from their positions with immediate effect on the ground of breaching the oath taken under under the Third Schedule of the Constitution of India and the Constitutional trust under Article 164 (3).
The Delhi High Court was not satisfied with the contention raised by the petitioner. Therefore, the Hon’ble Bench of the Delhi High Court comprising Chief Justice Rajendra Menon and V Kameswar Rao declined the contentions made by the petitioner and expressed that the elected representatives could not be removed in this manner.
Since the criminal case is pending against the current Chief Minister of Delhi, the possibility for him to get acquitted does exist. In view of this, the court directed the petitioner to approach the high court after the conviction is made by the Trial Court of Delhi.
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