clear from the writ petition that
the writ-petitioners were themselves aware of the
situation that the writ of quo warranto could have
been prayed ... quo
warranto. As Quo warranto is a discretionary remedy,
the existence of alternative remedy will, therefore, be
taken into consideration in determining whether quo
warranto
vide
the DOP&T Information Note dated 25th September, 2017. The writ
W.P.(C)No.9269/2017 Page 1 of 51
petitioner also ... November, 2017 :
"1. This writ petition seeks issuance of a writ of quo
warranto so far as the appointment of respondent
member of public and acts
bonafide can maintain the writ petition for writ of quo warranto and
it was held as under ... writ of quo warranto
and as such discretionary relief of quo warranto cannot be
granted at the instance of the petitioner. The writ petition
deserves
question to be considered is whether a writ petition filed
with a prayer for writ of quo warranto can be entertained at all.
4. Insofar ... whether in such circumstances a writ of quo warranto or an
information in the nature of quo warranto could be issued from this
Court. These
petition therefore effectively is
that in the circumstances a writ of quo warranto be issued, the
returned candidate be restrained from continuing to usurp public ... informed the election of a member of
legislative assembly, a writ of quo warranto against the elected
candidate was maintainable within the extraordinary equitable
jurisdiction
priority for disposal.
2. This Writ Petition is filed praying to issue a writ of Quo
Warranto directing the respondent No.6 to vacate ... mortal
45
hurry. Accordingly, this writ petition is filed for issue of writ
of Quo Warranto in respect of quashing the proceedings vide
Annexure
ineligible to hold that post. The petitioner has prayed for writ of
quo warranto against respondent No.4.
3. At the outset, it needs ... petitioner of Special Civil Application No.8203
of 2012, wherein writ of quo warranto is prayed against the
respondent No.4 therein. It is more
respondent No.5 is unlawful, and therefore a writ of quo warranto should be issued ousting her from the office as her selection and appointment ... deputation, as such the same being contrary to Rules, a writ of quo warranto be issued as she unlawfully continues to occupy the said office
Supreme Court has held that no writ can be issued other than writ of
quo warranto in a matter relating to service. It is further ... issuance of writ of quo warranto, we do not find any ground which
warrants interference by way of quo warranto in the present case
ALOK SHARMA
Order
20/09/2017
This petition for a writ of quo warranto has been filed by the
petitioner against the respondent-Sumitra Devi ... authority to continue holding the
said post. Resutlatntly, appropriate writ of quo warranto be issued
directing that she ceases to hold the aforesaid office
