SURJIT SINGH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Present public interest petition has been filed seeking Writ in the nature of Quo Warranto calling upon the Respondent Nos. 1 to 3 to justify under what authority Respondent No. 4 is continuing to hold the post of Chief Minister of Government of NCT of Delhi and to further remove Respondent No. 4 from the post of Chief Minister of the Government of NCT of Delhi.

(2.) Learned counsel for the Petitioner states that the continuance of Respondent No. 4 as the Chief Minister of Government of NCT of Delhi after his arrest by the Enforcement Directorate in the money laundering case relating to the alleged liquor policy scam has degraded the credibility and image of Government of NCT of Delhi in the eyes of general public. He states that the continuance of Respondent No. 4 as Chief Minister has lead to breakdown of Constitutional machinery in the State.

(3.) He contends that with the Chief Minister in custody, the State Government cannot function. In support of his contention, he relies upon Rule 585 of the Delhi Prison Rules, 2018, which reads as under:-