A petition seeking a writ of quo warranto under Article 226 questions the
legal basis and authority of a person appointed to public office. For instance,
the appointment of a member of a Railway Board not qualified to hold the post
can be questioned by a writ of quo warranto and appointment nullified if found
to be illegal.
A writ of declaration issues to declare an executive, legislative or quasi- judicial act to be invalid in law.
Sample Format of Affidavit for Writ of Mandamus in High Court under Article 226 of Constitution is as under.
IN THE HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL CIVIL JURISDICTION
WRIT PETITION (CIVIL) NO. OF 20__
IN THE MATTER OF:
MUNICIPAL CORPORATION & ORS RESPONDENTS
I, ___________________, S/O ___________________, aged _______, Occupation
_________________ Resident of ____________ do hereby solemnly affirm and state
as follows :-
1. I submit that originally I was appointed as ____________ in ___________ in the year _____________, and thus being a servant of __________, I am governed by the rules and regulations, service conditions, facilities and benefits for which the ___________ employees are entitled too. However, the ___________ was transferred to ___________ in the year __________ but neither myself nor our Union had been a consenting party to such a transfer of undertaking. Though there was a demand by the Corporation that I should execute an agreement opting for the miles and regulations of ________________ I never executed any agreement since I was not inclined to opt for the same.
2. Thus I am governed by the rules and regulations and the service conditions which are applicable to the employees of the __________.
3. I, further submit that I was on Assistant Engineer duty as AE at ______. On ______ I night inspected a shelter at ___________constructed constructed for homeless people and raise objection for using substandard material for it. On raising objection, the contractor threatened me and said that I will throw you out from this department. I have reported it to the senior management.
4. That to my surprise I received an order of suspension dated ________passed by the respondent alongwith the charge memo, dated ______ by proceedings _____ No______ on the ground that I have asked bribe from the Contractor.
5. That the suspension order was passed without giving me an opportunity to explain my side.
6. That the said suspension order dated ________ proceedings dated ______ are
not sustainable on the following amongs other Grounds :
i. The respondent has no competency or authority to initiate the present action and hence the proceedings are without jurisdiction.
ii. The respondent even has denied natural justice to the Deponent.
7. Under these circumstances, I have no other alternative remedy except to
invoke the extraordinary jurisdiction of this Hon'ble Court, under Article 226
of the Constitution of India.
8. Earlier I have not filed any suit, writ, or appeal either before this Hon'ble Court, or before any other Court of Law or authority, regarding the subject matter of the present Writ Petition.
9. That I have read and understood the content of Writ Petition. I have read
and understood the contents of the accompanying synopsis & List of Dates at
Pages ____ to ______, Writ Petition at Pages ___ to ____, Para ____ to ____,
Grounds ____ to ____ and all accompanying Applications. I state that the facts
therein are true and correct to the best of my knowledge and belief. I further
state that the Annexures annexed to the Writ Petition are true copies of their
10. Under these circumstances, it is just and necessary in the interests of Justice that this Hon'ble Court may be pleased to -
a. To issue a Writ of Quo Warranto , or any other appropriate writ, order or direction, calling for the records pertaining to the proceedings No. _______dated ______ issued by the respondent, and quash the same as illegal, arbitrary and unconstitutional ;
b. To suspend the operation of the Proceedings No _______ dated _____ issued by the respondent, pending the disposal of the above Writ Petition ;
and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, as otherwise I will be put to irreparable loss, hardship and damage.
Verified at New Delhi on this ___ day of _______ 20__ that the contents of my aforesaid affidavit are true and correct to my knowledge and belief. No part of it is false nor anything material has been concealed therefrom.
A petition seeking a writ of quo warranto questions the legal basis and
authority of a person appointed to public office. For instance, the appointment
of a member of a Railway Board not qualified to hold the post can be questioned
by a writ of quo warranto and appointment nullified if found to be illegal.
A writ of declaration issues to declare an executive, legislative or quasi- judicial act to be invalid in law. For instance, a court could declare S. 81 of the Mental Health Act, 1987 that permits use of mentally ill patients for experimentation to be violative of the fundamental rights of the mentally ill and therefore illegal and void. A petition seeking such declaratory relief must also necessarily seek certain consequential relief. For instance, immediate discontinuance of the illegal practice and appropriate remedial compensation.
These apart, a writ petition could seek other writs, orders and directions which the Court may fashion in response to the facts placed before it.
226. Power of High Courts to issue certain writs
(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.
(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated.
(4) The power conferred on a High Court by this article shall not be in
derogation of the power conferred on the Supreme court by clause ( 2 ) of