The Supreme Court Tuesday junked a PIL by Bam Bam Maharaj seeking to be sworn-in as the chief minister of Delhi as he enjoyed the support of four members of the Delhi assembly.
Throwing out the petition, the apex court bench of Justice B.S. Chauhan and Justice A.K. Sikri asked him if he was a member of parliament or a member of legislative assembly, and by what status was he seeking to be sworn-in as the chief minister.
"He is neither MP nor MLA, how can he be called for forming the government?" said Justice Chauhan.
Petitioner's counsel Rabin Majumdar told the court there were several instances when people without being the elected representatives were sworn-in as the chief minister or even the prime minister.
Making light of the petitioner, Justice Chauhan dismissed the PIL and said: "Next time, you pray for us. Nobody thinks about us."
Maharaj sought the direction to Lt. Governor Najeeb Jung to call him to form the government and prove his majority support.
Contending there was no compelling circumstance warranting the resignation of former chief minister Arvind Kejriwal, the petitioner said that thus any liability, legal or financial, arising from it needed to be imposed on him.
The petitioner sought the court's direction for action against the centre, Jung, Aam Aadmi Party, BJP and the Congress for causing huge loss to exchequer and also derailing the democratic process.
He contended that the inaction on the part of the Lt. Governor in not inviting him and administering the oath of office of the chief minister resulted in grave violation of his fundamental rights under Article 14, guaranteeing equality before law.
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