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1 - 5 of 5 (0.28 seconds)Article 14 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Dr. Kashinath G. Jalmi And Anr. Etc. Etc vs Speaker And Ors on 31 March, 1993
So far locus standi of petitioner Sri Ravindra Kumar Gupta against
filing of writ of quo warranto is concerned, the Apex Court in number of
decisions have observed that action of Government is always accountable to
public at large. The filling up of public post, if done against statutory
provisions/rules, any citizen has right to challenge the appointment by way of
writ of quo warranto. In this regard in the judgment reported in (2013) 1 SCC
501 in the case of Rajesh Awasthi Vrs. Nand Lal Jaiswal at paragraph 31 it has
been held as under:
"31. From the aforesaid pronouncements it is graphically clear
that a citizen can claim a writ of quo warranto and he stands in the
position of a relater. He need not have any special interest or
personal interest. The real test is to see whether the person holding
the office is authorised to hold the same as per law. Delay and laches
do not constitute any impediment to deal with the lis on merits and it
has been so stated in Kashinath G. Jalmi V. Speaker."
The Companies Act, 1956
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