Case Law Details
Sandeep Kumar Vs Arvind Kejriwal & Ors (Delhi High Court)
The recent case of Sandeep Kumar Vs Arvind Kejriwal & Ors before the Delhi High Court has garnered significant attention. In this article, we delve into the details of the court’s judgment dismissing the Public Interest Litigation (PIL) against Chief Minister Arvind Kejriwal, labeling it as a publicity stunt.
The PIL, filed as a Writ of Quo Warranto, questioned the authority and qualification of Arvind Kejriwal to hold the office of Chief Minister of Delhi under Article 239AA of the Constitution. The petitioner argued that Kejriwal’s incarceration led to his incapacity to fulfill constitutional obligations, thereby rendering him unfit for office.
However, the court pointed out precedents, citing orders dated March 28, April 1, and April 4, 2024, where similar PILs were dismissed. The court emphasized that the petitioner was well aware of these orders but proceeded with the PIL independently, suggesting a motive of gaining publicity.
Additionally, the court highlighted the frivolity of the PIL by noting the misuse of legal precedents. Despite the petitioner’s reliance on the case of R. Kapur v. State of T.N., the court clarified the distinctions in circumstances, reinforcing the lack of merit in the present case.
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