SANDEEP KUMAR Vs. ARVIND KEJRIWAL

JUDGEMENT

(1.) The present Public Interest Litigation ('PIL') has been filed seeking Writ in the nature of Quo Warranto calling upon Respondent No. 1 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, after an inquiry to dislodge him from the office of the Chief Minister of Delhi with or without retrospective effect.

(2.) At the outset, it has been put to the learned counsel for the Petitioner if he is aware about the orders dtd. 28/3/2024[1], 1/4/2024[2] and 4/4/2024[3] passed by this Court dismissing PILs seeking identical relief. In reply, learned counsel for the Petitioner fairly admits that he is aware about the said orders; however, he states that the Petitioner herein is entitled to maintain the present PIL in his independent capacity.

(3.) He states that Respondent No.1 while lodged in jail has incurred incapacity to carry out his Constitutional obligations and functions under Articles 239AA (4), 167(b) and (c) of the Constitution and hence he can no longer function as the Chief Minister of Delhi. He states that the Lieutenant Governor is also prevented from discharging his Constitutional obligations under Article 167(c) of the Constitution due to the absence of access to the Chief Minister.