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Amid AAP's 'mass fast' against Kejriwal's arrest, former MLA moves HC seeking CM's removal

AAP MPs and MLAs will attend the 'samuhik upwas' being held at Jantar Mantar today

Delhi Ministers Atishi and Saurabh Bharadwaj with AAP MLAs protest at the Delhi Legislative Assembly against the arrest of Chief Minister Arvind Kejriwal | PTI

The Aam Aadmi Party (AAP) leaders will sit on a fasting dharna at Jantar Mantar on Sunday as the party intensifies its agitation against the BJP and the Centre over the arrest of Delhi Chief Minister Arvind Kejriwal.

While announcing the 'samuhik upwas' or mass fasting, AAP leader Gopal Rai called the public to take part in the nationwide fast against the arrest of the party national convener. "If you are against the arrest of Delhi Chief Minister, you can fast against it on April 7. You can hold the collective fast anywhere -- at home, in your city, anywhere," he told reporters.

Rai added that the event at Jantar Mantar will see Delhi government ministers, AAP MPs, MLAs, councillors and office-bearers attending it. "This will be an open event and student organisations, farmer bodies, traders can come and participate in it," he said.

Kejriwal was arrested last month by the Enforcement Directorate in an excise policy-linked money laundering case. He has been sent to judicial custody till April 15.

Meanwhile, former AAP MLA Sandeep Kumar has approached the Delhi High Court seeking the removal of Kejriwal from the post of chief minister.   The petition is listed for hearing before Justice Subramonium Prasad on Monday. 

Kumar was ousted from AAP in 2016 after a video allegedly showing him in a compromising position went viral. The high court had also earlier rejected two public interest litigation pleas seeking Kejriwal's removal from the chief minister's post.

In his petition, Kumar has said after his arrest by the Enforcement Directorate (ED) in connection with a money-laundering case linked to the now-scrapped excise policy for Delhi, Kejriwal has incurred an "incapacity" to carry out the chief minister's functions under the Constitution. He argued that Kejriwal's "unavailability" complicates the constitutional mechanism and he can never function as the chief minister from prison according to the mandate of the Constitution.

"Article 239AA(4) of the Constitution provides for the Council of Ministers with the chief minister at the head to aid and advise the lieutenant governor in the exercise of his functions in relation to matters with respect to which the legislative Assembly has power to make laws. The aid and advice to the lieutenant governor are practically not possible without the chief minister being a free person available to render his aid and advice under the Constitution," the petition says.

"Issue a writ of quo warranto against Respondent No.1 i.e. Mr Arvind Kejriwal, the incumbent chief minister of Delhi, by calling upon him to show by what authority, qualification and title he holds the office of the chief minister of Delhi under Article 239AA of the Constitution and after an inquiry, dislodge him from the office of the chief minister of Delhi with or without the retrospective effect," the petition prays.