You May Have A Point On Propriety, But There Is No Legal Right: SC While Dismissing Plea Seeking Removal Of Kejriwal From CM's Post

The Supreme Court today dismissed a Petition seeking the removal of Arvind Kejriwal from the post of Chief Minister. 

The Court was hearing a Special Leave Petition (SLP) challenging a Delhi High Court Judgment that had sought the removal of Kejriwal from the post of Chief Minister. A cost of Rupees Fifty Thousand was also imposed on the petitioner. 

While dismissing the plea, the Bench of Justice Sanjiv Khanna and Justice Dipankar Datta said, "We are not inclined to interfere in the impugned Judgment. The Special Leave Petition is dismissed."

At the outset, Justice Khanna said, "What is the legal right? Why should we go into all this? Let it be. If he wants to continue... propriety is certainly..... maybe you may have something to say, but legal right.. you can't force. The LG will take action if he wants to, not like this."

Kejriwal is currently out on interim bail till June 1. He was arrested on March 21 in connection with the money laundering case related to the Delhi excise policy scam. 

Pertinently, on April 10, the Delhi High Court had dismissed a Public Interest Litigation (PIL) seeking Writ in the nature of Quo Warranto calling upon Arvind Kejriwal to show by what authority, qualification and title, he holds the office of the Chief Minister of Delhi under Article 239AA of the Constitution and inquiry to dislodge him from the office of the Chief Minister of Delhi with or without retrospective effect. 

While dismissing the Writ Petition, the Division Bench had imposed a cost of Rs. 50,000/-. As it was the third petition seeking removal of Kejriwal from the CM post, the Bench had said, "This is not like a James Bond Film which will have sequels."

The Court, previously, had refused to entertain a similar Public Interest Litigation (PIL) filed by Vishnu Gupta, President of an organization named Hindu Sena, seeking the removal of Kejriwal from the post of CM. The Bench has orally remarked at times personal interest has to be subordinate to national interest. The Court had also said that the remedy does not lie with this Court it lies with some other authority.

Earlier, the High Court had also dismissed another PIL seeking the removal of Delhi CM Arvind Kejriwal from the post of Government of the NCT of Delhi. The Bench had orally remarked that there is no scope for judicial intervention; let the Executive examine it.

Cause Title: Kant Bhati v. Arvind Kejriwal & Others [SLP (C) No. 11400/2024]