Arun Singh Chouhan Vs. State of MP & Ors.

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 11298 of 2021, Judgment Date: Jul 30, 2021

Law laid down -

Article 226 of the Constitution – Writ of Quo Warranto - Can be issued to test the validity of appointment to a public office. The said writ cannot be issued to examine the posting or working of an officer to particular place.

Writ of Quo Warranto – Necessary party - The person against whom writ is prayed for is a necessary party.

Public Interest Litigation – Conduct of petitioner - A practising Advocate has chosen not to answer the repeated queries regarding maintainability of a petition seeking issuance of writ of quo warranto and regarding non impleadment of necessary party. The practise deprecated.

Exemplary cost – Since writ of Quo Warranto was not maintainable and there is no other public interest element involved, the petition was dismissed with exemplary cost.

Writ of Quo Warranto – Can be issued to question an appointment on the substantive post. The working of an officer on officiating posting or a particular station cannot be subject matter of the petition for issuance of writ of Quo Warranto.

Arun Singh Chouhan Vs. State of MP & Ors.