AAP Tax Law
Constitutional Law • Updated 29 August 2026

Affidavit for Writ of Quo Warranto under Article 226

Updated specimen affidavit for challenging the unlawful occupation of a substantive public office where the incumbent lacks the prescribed eligibility or the appointment violates the governing law.

Important correction: Quo warranto is not a general remedy against an employee's suspension, transfer or disciplinary action. It is directed at a person allegedly holding a public office without lawful authority. The affidavit must therefore focus on the public office, eligibility requirements, disqualification or statutory defect in the appointment.

Article 226 expressly empowers every High Court to issue writs in the nature of quo warranto. The remedy enables judicial scrutiny of the legal authority by which a person occupies a public office and protects the public against an unlawful usurper of that office.

Public Office The office challenged must ordinarily be public in character and created or governed by constitutional, statutory or public-law provisions.
Core Challenge Lack of prescribed eligibility, existence of a legal disqualification, or appointment contrary to mandatory statutory provisions or rules.
Locus Standi The remedy has a public-law character; a bona fide challenger need not ordinarily establish a personal service right to the office.

Sample Affidavit for Writ of Quo Warranto

This is a general specimen. Adapt the office, appointing authority, statutory qualifications, disqualification, appointment notification, cause of action, respondents and verification to the actual case and applicable High Court Rules.

IN THE HIGH COURT OF ______________________________ AT __________________
WRIT JURISDICTION
WRIT PETITION (CIVIL) NO. ______ OF 20____

____________________________ PETITIONER

VERSUS

____________________________ & ORS. RESPONDENTS

AFFIDAVIT

I, ____________________________, son/daughter/wife of ____________________________, aged about ____ years, resident of ________________________________________________________, do hereby solemnly affirm and state as follows:

1. That I am the petitioner in the accompanying writ petition and am well acquainted with the facts and records relied upon. I am therefore competent to swear this affidavit.

2. That Respondent No. ____ presently holds the office of ____________________________, pursuant to appointment / election / notification dated ________________.

3. That the aforesaid office is a public office constituted / governed by ________________________________________________________.

4. That the mandatory eligibility qualifications / conditions prescribed for appointment to the said office include: ________________________________________________________________________________.

5. That Respondent No. ____ is alleged to be ineligible / disqualified / unlawfully appointed for the following specific reason: ________________________________________________________________________________.

6. That the statutory or constitutional provision / rule allegedly violated by the appointment is ____________________________, because ________________________________________________________________________________.

7. That copies of the appointment notification, governing statute/rules, qualification material and other supporting documents are annexed to the accompanying writ petition.

8. That the petitioner has approached this Hon'ble Court bona fide in public law to question the legal authority by which Respondent No. ____ continues to hold the said public office and not for settling a private service dispute or personal score.

9. That this Hon'ble Court has territorial jurisdiction because the public office, appointing authority and/or material part of the cause of action falls within its territorial jurisdiction.

10. That the accompanying writ petition has been prepared under my instructions. I have read and understood its factual contents and state that they are true and correct to my knowledge and/or based on public records and documents believed by me to be true.

11. That all earlier proceedings, representations or litigation relating to the impugned appointment, if known to the petitioner, have been disclosed in the writ petition.

12. That the petition is filed without suppression of any material fact.

13. That it is therefore prayed that this Hon'ble Court may issue an appropriate writ, order or direction in the nature of quo warranto requiring Respondent No. ____ to show the authority by which he/she holds the office of ____________________________, and, if the appointment is found contrary to law, grant appropriate consequential relief.

DEPONENT

VERIFICATION

Verified at ________________ on this ____ day of ________________, 20____, that the contents of paragraphs 1 to ____ above are true and correct to my knowledge and/or based on records and information believed by me to be true, and that nothing material has been concealed therefrom.

DEPONENT

Complete attestation, identification and filing formalities under the Rules and practice of the High Court concerned.

Article 226: High Court Power to Issue Quo Warranto

Article 226(1) empowers every High Court, throughout the territories in relation to which it exercises jurisdiction, to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for enforcement of fundamental rights and for any other purpose.

Article 226(2) also recognises jurisdiction where the cause of action, wholly or in part, arises within the territory of the High Court.

Official Constitution of India - Legislative Department

Essential Requirements for Quo Warranto

The Court ordinarily examines whether the office is public in nature, whether the respondent actually holds or occupies that office, and whether the appointment is contrary to the governing constitutional or statutory provisions, prescribed qualifications or legal disqualifications.

The remedy is especially suited to cases where the incumbent does not satisfy mandatory eligibility criteria or where the appointing process has resulted in occupation of public office contrary to binding law.

Who Can File a Quo Warranto Petition?

Quo warranto has a distinct public-law character. The Supreme Court has reiterated that a person may question the validity of an appointment to public office without having to show that his or her own fundamental or other legal right has been infringed. The Court may, however, examine whether the challenge is bona fide and whether the office and alleged illegality genuinely fall within the scope of quo warranto.

This wider standing does not mean the remedy can be used for political vendetta, private hostility or collateral service disputes. The petition should be grounded in objective statutory or constitutional illegality.

Supreme Court Guidance on Quo Warranto

In Dr. Premachandran Keezhoth & Anr. v. Chancellor, Kannur University & Ors., 2023 INSC 1032, the Supreme Court reviewed the established law on quo warranto and reiterated that the writ lies against a person who is not legally entitled to hold a public office. The Court noted that the incumbent may be called upon to show the legal authority for holding the office, including compliance with prescribed qualifications and absence of disqualification.

The judgment also reiterates that a challenge to a public appointment may be maintained by a bona fide person even without demonstrating infringement of a personal legal right.

Supreme Court - Dr. Premachandran Keezhoth v. Chancellor, Kannur University, 2023 INSC 1032

In another line of authority concerning statutory appointments, the Supreme Court has summarised the classic grounds for quo warranto as including lack of prescribed eligibility and an appointment made contrary to statutory provisions or rules.

Supreme Court judgment on statutory appointment and quo warranto - 11 October 2022

Quo Warranto Is Not a Substitute for an Ordinary Service Writ

A petition challenging the petitioner's own suspension, charge-sheet, transfer, seniority, disciplinary proceeding or other service condition is ordinarily not a quo warranto petition merely because the action is alleged to be without jurisdiction.

Such grievances may require mandamus, certiorari, statutory appeal, tribunal proceedings or another appropriate remedy. Quo warranto specifically asks by what legal authority another person holds a public office.

Practical Filing Notes

  • Identify the exact public office and the law by which it is created or governed.
  • Annex the appointment notification, election declaration or order under which the respondent occupies the office.
  • Quote or accurately identify the mandatory qualification, eligibility condition or disqualification relied upon.
  • Explain the precise statutory or constitutional violation rather than making a general allegation that the appointment is unfair.
  • Use reliable public records to establish age, qualification, tenure, statutory status or other facts relied upon.
  • Disclose earlier challenges to the same appointment and any relevant judgments or pending proceedings.
  • Frame the prayer around the respondent's authority to hold the office rather than around the petitioner's personal claim to appointment.
  • Follow the applicable High Court Rules relating to cause title, affidavit, annexures, court fees, attestation and e-filing.

Frequently Asked Questions

Must the petitioner be a candidate for the same public office?

No. Quo warranto is a public-law remedy. A bona fide person may challenge an unlawful occupation of public office without claiming that office personally.

Can quo warranto challenge lack of educational qualification?

Yes, where the qualification is legally mandatory for the public office and the incumbent does not satisfy it, quo warranto may be an appropriate remedy.

Can the writ be issued merely because the selection process could have been better?

Not ordinarily. The challenge should establish a legally relevant defect such as statutory non-compliance, absence of eligibility, disqualification or lack of lawful authority to occupy the office.

Can quo warranto be used to quash my suspension order?

Ordinarily no. A person's own suspension or disciplinary dispute is a service-law grievance. Quo warranto concerns the authority by which another person holds a public office.

Legal information notice: This is a general drafting specimen. Whether quo warranto lies depends on the nature of the office, statutory qualifications, appointment process, alleged illegality, territorial jurisdiction and applicable High Court Rules.