The Delhi High Court on Thursday refused to entertain a PIL filed by Vishnu Gupta, president of the Hindu Sena, seeking immediate direction for removing Arvind Kejriwal as CM of Delhi, after noting that personal interest should be subordinate to national interest.
The HC, however, granted Gupta an alternative remedy and said that he could give a representation to the Delhi Lieutenant Governor (LG). "The LG will take action as per the Constitution. You have all the avenues open under the law," it said.
"Personal interest has to be subordinate to national interest but that is his (Kejriwal's) personal call," a Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said in its order.
While refusing to entertain the plea, the HC pointed out that a similar PIL (Public Interest Litigation) was earlier rejected by the court.
Gupta's counsel, Barun Kumar Sinha, had argued that he is seeking a writ of quo warranto and that Kejriwal is guilty of the constitutional breach of trust and has no right to continue as CM of Delhi. "He has created a constitutional deadlock," he said.
The HC, after hearing the arguments, asked him to withdraw it and he did so.
"This court clarifies that it has not commented on the merits of the proposed representation to be filed by the petitioner. The rights and contentions of all the parties are left open," the HC said in its order.