A division bench headed by acting Chief Justice Manmohan verbally observed that the court cannot decide the matter and that it was for Delhi lieutenant- governor (L-G) or the President of India to take a call on the same.
Responding to a plea filed by Vishnu Gupta, the bench verbally remarked: “How can we declare that the government is not functioning? L-G is fully competent to decide it.” The bench went on to verbally observe that the L-G does not need the court’s guidance. “We are no one to advise him. He (L-G) will do whatever he has to in accordance with law,” the bench added.
It further added that the petitioner is at liberty to approach the President of India or the L-G who are the competent authorities to decide the matter.
During the hearing, the bench verbally remarked that it was for Kejriwal to decide whether to continue as the chief minister or not. The bench added: “At times, personal interest has to be subordinate to national interest but that is his (Kejriwal’s) personal call.” The petitioner later withdrew his plea.
