Rebel Aam Aadmi Party MLA Kapil Mishra moved the Delhi High Court on Monday against Chief Minister Arvind Kejriwal, claiming that he had less than 10% attendance in the Assembly. The court agreed to list Mishra’s plea, and is likely to hear it on Tuesday.

Mishra’s plea claimed that Kejriwal attended the House only seven times in 2017, although the Assembly had 27 sessions. “It is not out of context to state that Delhi faces water crisis ever year,” the plea said, referring to the water ministry, which is held by Kejriwal. Mishra was the water minister until May 2017, when he was suspended from the party.

The chief minister was not present for the Question Hour in the Assembly for the last 40 months, the petition alleged. This “showed how serious the CM was in discussing matters related to the people of Delhi and their development and performing duties expected of him”, it said.

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The petition sought directions to the lieutenant governor and the Assembly speaker to ensure Kejriwal’s presence in the House. Mishra told ANI that Kejriwal’s salary should be deducted for not attending the Assembly often enough. Mishra has also sought a minimum requirement of 75% attendance for all MLAs in the Assembly.

In May 2017, Mishra accused Kejriwal and some of the party’s top leaders of corruption, and was promptly suspended. Mishra then demanded Kejriwal’s resignation and threatened to drag the chief minister to jail.