The Writ of Quo Warranto I

Writ of Quo Warranto cannot be issued on basis of assumptions, inferences or suspicion regarding factum of fulfillment of eligibility criteria. Being an extraordinary power, ordinarily such a Writ ought to be issued only on basis of indisputable facts leading to a singular conclusion – incumbent was in fact or in law disqualified to occupy public office or has incurred disqualification to continue to remain therein. Only whence such a person would fall within description of a usurper of public office without legal authority.

Suffice it is to observe, unless Court is satisfied, incumbent was not eligible at all as per statutory provisions for being appointed or elected to public office or he/she has incurred disqualification to continue in said office, which satisfaction should be founded on indisputable facts, High Court ought not to entertain prayer for issuance of a Writ of Quo Warranto.

Hon’ble Justice A.M. KhanwilkarBharati Reddy v. State of Karnataka, [Civil Appeal No. 1763 of 2018].