10 April 2024 Public Interest Litigation >> Constitution & Law Procedure  

The Delhi High Court dismissed a Public Interest Litigation (PIL) seeking to remove the Chief Minister of Delhi from office. The PIL argued that the Chief Minister's incarceration prevents him from fulfilling his constitutional duties.

The Court rejected the petition on several grounds. Firstly, it highlighted that this was not the first PIL on this issue. Three earlier PILs with identical demands had already been dismissed by the Court.

Secondly, the Court found the Petitioner's arguments unconvincing. The Petitioner claimed the Chief Minister's imprisonment crippled the government's functioning. However, the Court pointed out a previous order where it had already addressed this concern, clarifying that it's not within the judiciary's power to remove a Chief Minister.

The Court further criticized the PIL as frivolous. It noted that the Petitioner relied on a Supreme Court case irrelevant to the situation. In the cited case, the Chief Minister was disqualified due to a pre-existing conviction, unlike the present scenario.

Finally, the Court imposed a cost of Rs.50,000 on the Petitioner for filing a frivolous PIL. The Court emphasized its stance that it cannot intervene in the functioning of other governmental bodies.

This judgement comes amidst ongoing controversy surrounding the Chief Minister's arrest. The PIL's dismissal suggests the legal route for his removal may not be successful.

Representation of People (Second Amendment) Act, 1965