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Supreme Court Of India

(From : Orissa)

Hon'ble Judge(s): Anil R. Dave, Dipak Misra , JJ

(A) Constitution of India , Art.226— Writ of quo warranto - Issuance of - Permissible only if person holding public posts lacks eligibility or appointment is dehors rules. The jurisdiction of the High Court while issuing a writ of quo warranto is a limited one and can only be issued when the person holding the public office lacks the eligibility criteria or when the appointment is contrary to the statutory rules. That apart, the concept of locus standi which is applicable to service jurisprudence for the purpose of canvassing the legality or correctness of the action should not be allowed to have any entry, for such allowance is likely to exceed the limits of quo warranto which @page-SC247 is impermissible. The basic purpose of a writ of quo warranto is to confer jurisdiction on the constitutional Courts to see that a public office is not held by usurper without any legal authority. While dealing with the writ of quo warranto another aspect has to be kept in view. Sometimes a contention is raised pertaining to doctrine of delay and laches in filing a writ of quo warranto. There is a difference pertaining to personal interest or individual interest on one hand and an interest by a citizen as a relator to the Court on the other. The principle of doctrine of delay and laches should not be allowed any play because the person holds t....