New Delhi: The Supreme Court on Monday declined to entertain a plea questioning continuance of AAP national convenor Arvind Kejriwal as the Chief Minister of Delhi even after his arrest, saying that there was no legal right to demand so, though it was a matter of propriety.
"What is the legal right? Let the Delhi L-G take action if he wants to, propriety...yes....we are not inclined," a bench of Justices Sanjiv Khanna and Dipankar Datta said.
The court also pointed out the petitioner Kant Bhati was not the one who filed the plea before the Delhi High Court.
The High Court had on April 10 dismissed the PIL by Sandeep Kumar with Rs 50,000 cost for having been filed for publicity.
The petitioner had claimed Kejriwal incurred incapacity to carry out his Constitutional obligations and functions as Chief Minister for being in judicial custody, under Articles 239AA (4), 167(b) and (c) of the Constitution, so he could no longer continue to hold the post.
The Delhi High Court had on March 28 dismissed a plea filed by Surjit Singh Yadav for removal of Kejriwal as CM. It had on April 4 declined to consider another such plea by Vishnu Gupta.
On May 10, the Supreme Court had granted an interim bail to Delhi Chief Minister Kejriwal, arrested by the ED on March 21 in the liquor policy scam case, for campaign till June 1.