'Heavy costs should be imposed': Delhi HC on plea against Kejriwal's removal as CM

The Delhi high court on Monday warns of imposing heavy costs on the petitioner while transferring a plea filed by former AAP MLA Sandeep Kumar seeking to dislodge Arvind Kejriwal from holding the Delhi CM post to a bench led by acting chief justice Manmohan. This follows his arrest by the ED in a money laundering case linked to the now-scrapped excise policy case.

A bench of justice Subramonium Prasad transferred the matter to a bench after taking note of the fact that two pleas seeking similar relief were heard and rejected by that bench. The court will hear the matter next on April 10.

Sandeep Kumar mentions in his petition that after his ED arrest, Arvind Kejriwal has incurred an "incapacity" to carry out the chief minister's functions under the Constitution.

The petition cites, Kejriwal's "unavailability" complicates the constitutional mechanism and he can never function as the CM from prison according to the mandate of the Constitution.

"Article 239AA(4) of the Constitution provides for the Council of Ministers with the chief minister at the head to aid and advise the lieutenant governor in the exercise of his functions in relation to matters with respect to which the legislative Assembly has power to make laws. The aid and advice to the lieutenant governor are practically not possible without the chief minister being a free person available to render his aid and advice under the Constitution," cites the petition.