Harinath Ram v. NCT Of Delhi And ORS.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14048/2018 HARINATH RAM ..... Petitioner Through:

Mr. Shashak Deo Sudhi, Adv.

versus NCT OF DELHI AND ORS.

..... Respondents Through:

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 08.01.2019 CM No. 54835/2018 (for exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 14048/2018 Petitioner has filed this public interest litigation and the prayer made in the writ petition is to issue a writ of Quo Warranto directing respondent No.2 - The Lt. Governor of NCT of Delhi to remove respondent No.3 from his elected office on the ground that he has breached the oath of office and the constitutional trust under Article 164 (3) of the Constitution, therefore is not entitled to continue as a Chief Minister, as is alleged to have been involved in committing acts of violence and is said to have assaulted senior Government officials like Chief Secretary. Inter alia contending that in view of the aforesaid incident respondent No.3 cannot hold the office, the W.P.(C) 14048/2018

relief is sought for. However, the fact remains that for the so called alleged act, respondent No.3 is already facing prosecution and the matter is pending before a court of competent jurisdiction namely the learned Additional Chief Metropolitan Magistrate, Patiala House Courts, New Delhi in Crl. Case No.15664/2018 (FIR No.54/2018).

Once the matter is sub judiced before the Criminal Court and the allegations made against the respondent No.3 is subject of inquiry and investigation in the FIR and the criminal case, at this stage a democratically elected authority cannot be removed by a writ of Quo Warranto when the allegations levelled which forms the basis for his removal are already subjudiced in the criminal case and are yet to be established. Accordingly, finding no ground to interfere with the matter in a public interest litigation, we dismiss the writ petition.

CHIEF JUSTICE V. KAMESWAR RAO, J JANUARY 08, 2019/ns W.P.(C) 14048/2018