AIR 1975 DELHI 66 ::ILR (1974) 1 Delhi 725

Delhi High Court

Hon'ble Judge(s): S. N. Andley , C.J. AND Jagjit Singh, S. N. Shankar, V. S. Deshpande, Prakash Narain , JJJ

(A) Constitution of India , Art.226— Quo warranto - Scope of - It is not wider in India than in England. The scope of the power of the High Court to issue a writ of quo warranto under Article 226 of the Constitution is not wider than it is in England and courts in this country have followed the principles including the limitations which have been well established in England. Case law referred.(Para 12) (B) Constitution of India , Art.226, Art.124(2)— Quo warranto - Futile writ - Alleged irregularity or defect in appointment of holder of office, curable by his immediate re-appointment - Quo warranto sought against present Chief Justice of India on the allegation that his appointment was in violation of rule of seniority and also of Article 124 (2) - Resignation of senior Judges before petition was filed - Writ would be futile as there was no legal bar to immediate re-appointment of present holder - Question of motive not relevant. The petitioner, Chairman, All India Democratic (Janatantra) Party, prayed for writ of quo warranto against the present Chief Justice of India. The case of the petitioners was that the appointment was in violation of the provisions of Article 124 (2) of the Constitution as the mandatory consultation comprehended was n....