SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(UK) 451

K.M.JOSEPH, V.K.BIST
Meghpal Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Arvind Kumar Sharma.
For the Respondent: Mr. S.S. Chauhan.

JUDGMENT :

K.M. Joseph, J.

1. Petitioners have approached this Court seeking a writ of quo warranto. The factual matrix, in which the question arises for consideration, briefly is as follows:-

Petitioners question in this quo warranto proceeding the appointment of 5th respondent as a District Government Counsel (Revenue). The grounds, which have been taken in the writ petition, pertain to the suitability of the 5th respondent to hold the post. In short, the case of the petitioners is that the appointment of the 5th respondent is premised on his having allegedly secured hundred per cent success, which is questioned. In fact, suitability also is beyond quo warranto. Apart from the fact that a writ of quo warranto can not be successfully premised on the questionability of the decision regarding suitability of the candidate concerned, there is an insuperable obstacle, in our view, in the path of the petitioners’ succeeding. A writ of quo warranto, it is settled law, will lie only if there is, in fact, a statutory violation in the matter of the appointment of the party respondent. See, in this regard, judgment of the Hon’ble Apex Court, reported in B. Srinivasa Reddy vs. Karnataka Urban Wa







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top