By Sunil Garodia
First publised on 2024-09-15 16:10:36
Arvind Kejriwal has
announced that he will resign as chief minister of Delhi in a couple of days.
He said that he, along with deputy CM Manish Sisodia, will re-assume their
office only when they are cleared by the people of Delhi as âhonestâ
politicians. This has given rise to the speculation that Kejriwal will press
for early elections in Delhi. Elections are due in Delhi in, or before,
February 2025. With this move, Kejriwal most probably wants elections to be
held just after the festive season, three months ahead of schedule. He might have been forced to take this course of action due to the fact that the Supreme
Court, while granting him bail, had clearly stated that he was not allowed to
enter the office of the Delhi chief minister and sign any files in his official
capacity. That, in effect, made him a chief minister just in name. The BJP has
called his move a "PR stunt" and "confession of crime". The Congress also
called the move a "gimmick".
While Kejriwal won a
great victory by securing bail in Supreme Court and getting the one of the
judges on the bench to say that his arrest was 'unjustified', he seems to have
no option left after strict restrictions were placed by the court on his
functioning as the chief minister. Justice Ujjal Bhuyan, in a concurring but
separate judgment granting bail to Kejriwal, held that his arrest by the CBI was
just to keep him in jail after he secured bail in another case that the ED had
filed against him. The other judge on the bench, Justice Surya Kant, however
held that the arrest was legal. But both judges ruled that Kejriwal could not
enter the office of the Delhi chief minister and cannot sign any files or
orders in his official capacity.
Kejriwal is not used to
such restrictions. Hence, he wants to seek revalidation from the people of
Delhi. But he must be aware that elections and electoral victories are one
thing and court cases are another. It is not clear whether if he wins and
returns as chief minister, the restrictions placed by the court will cease to
operate. Hence, in that case, even if he wins, he will still not be able to
function as chief minister until and unless he is finally cleared in the liquor
excise case by the apex court.