Will Arvind Kejriwal get a govt bungalow as ex-CM of Delhi? What are the rules? All your questions answered in 5 points

The Aam Aadmi Party (AAP) has requested government accommodation for outgoing chief minister of Delhi, Arvind Kejriwal. The party said that Kejriwal deserves a government accommodation as the national convener of AAP – a national party.

Party leader and Rajya Sabha Member of Parliament (MP) Raghav Chadha said on Friday that AAP will be writing to the relevant ministry on this issue.

“We hope to avoid a legal battle over this matter. Kejriwal chose to resign based on his principles and will be vacating his official residence,” Chadha told reporters.

Doesn’t own a property

“He does not own property or a personal home. As the convener of a national party, he is entitled to government accommodation, and we urge the Centre to provide it,” he said.

Kejriwal resigned as the chief minister of Delhi on September 17 and chose party leader and his confidant Atishi as his successor.

Kejriwal vacating 6, Flagstaff Road

Accordingly, Kejriwal will have to give up all government facilities, including security, and move out of the official residence of Delhi — 6, Flagstaff Road bungalow — within 15 days of resigning.

AAP says that Kejriwal will leave the CM bungalow in Civil Lines area within a week. The new Chief Minister, Atishi is expected to take oath on Saturday, September 21, along with her cabinet ministers.

Rules for ex-CMs?

Can Kejriwal get an official bungalow? As former chief minister, Kejriwal is not entitled to an official accommodation. As per the rules, Kejriwal’s resignation acceptance will be intimated to Delhi government’s Public Works Department (PWD) which owns the 6, Flagstaff Road bungalow.

The PWD will subsequently intimate the outgoing CM to vacate the bungalow with a 15-day window from the date of intimation. That intimation has not been issued yet by the PWD, as per reports.

Supreme Court orders

The issue of official accommodation for former chief ministers has reached the Supreme Court earlier, particularly in cases from Uttar Pradesh.

In May 2018, however, Supreme Court ruled that chief ministers could not be allotted bungalow after demitting office and they should be treated at par with common citizens. The top court quashed the Uttar Pradesh law allowing ex-CMs to retain official bungalows.

In a similar order in August 2016, a Supreme Court bench headed by Justice Anil R Dave said that former chief ministers are not entitled to any government accommodation.

Kejriwal, the national convener

AAP says Kejriwal is entitled to a government accommodation in the capacity of party’s national convener, more so since he doesn’t own a house.

The AAP, in power in Punjab and Delhi, was in 2023 officially granted the status of national party by the Election Commission of India.

And as per the rules, president or national convener of a national party is entitled for a government accommodation.

“One residential accommodation would be allotted/allowed to be retained by the party President of recognised national party in case the president does not have a house in Delhi, either of his own or allotted by Government in any other capacity,” say the rules for national parties.