But, as a person who floated the political party on high moral principles, when the allegations against him are serious, he should set an example for others by resigning from his post of CM.A.Sirajudeen, Senior Advocate, Supreme Court.

A chief minister looses his post only on losing majority in the house or incurring disqualification which would prevent him from becoming or continuing as MLA. His arrest in any case cannot ipso facto act as disqualification for his continuance in the post of CM.
Constitution of India does not make his free movement a basic qualification for acting as CM. Law is same for all ministers including the chief minister. Just like Senthil Balaji, Kejriwal can also continue as Chief minister legally irrespective of his incarceration in prison. As on date, he has not incurred any disqualification for his continuance as CM.
But, as a person who floated the political party on high moral principles, when the allegations against him are serious, he should set an example for others by resigning from his post of CM.
A.Sirajudeen, Senior Advocate, Supreme Court.