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SUJOY PAUL, ANIL VERMA
Arun Singh Chouhan – Appellant
Versus
State of M. P. – Respondent
ORDER
Paul, J:-- 1. The petitioner, a practising Advocate has filed this Public Interest Litigation wherein it is prayed as under:-
(a) Issue appropriate writ of quo warranto and may direct to respondents to take serious disciplinary action against respondent No.4 and if he is unable to show or prove such an authority he may be ousted and restrained from functioning in the office and future bar also may be directed, which he has unlawfully usurped and intruded into or is unlawfully holding.
(b) Issue appropriate writ and may cost penalty on respondent for being on such post without proper authority for so long (one and half year)
(c) Issue appropriate writ and if he is not able to prove his authority then all the actions and proceedings taken by him must be suspended with immediate effects.
(d) Issue any other further order/orders or direction/directions as this Hon’ble Court may deem fit and appropriate to the facts and the circumstances of this case.”
2. In para three of the petition, it is averred as under:-
“That the petitioner is shattered by that an officer of different district is how liable to become an SDO/SDM of different district as the matter of fact is that the r
It is no doubt true that the strict rules of locus standi are relaxed to an extent in a quo warranto proceedings. Nonetheless an imposter coming before the Court invoking public law remedy at the han....
The posts held by the respondents do not qualify as public offices since they lack the exercise of sovereign functions, making the writ of quo warranto inappropriate.
Point of Law : once the post of Chief Medical Superintendent is not Public Office, no writ of quo warranto can be issued.
The court established that only individuals of the rank of Commissioner are eligible for the position of Executive Officer in Municipal Councils, as per the Rajasthan Municipal Service Rules, 1963.
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