Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Art. 226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Art. 226 – Writ of quo warranto –Issuance of, when – On facts, appellant got elected to the post ofAdhyaksha of Zilla Panchayat – Writ petition before the High Courtalleging that the appellant played fraud on the government bysubmitting a false affidavit for issuance of Income and CasteCertificate – Prayer seeking issuance of writ of quo warrantodirecting appellant to vacate the office of Adhyaksha, allowed bythe Single Judge and the Division Bench of the High Court – Asregards the Income and Caste Certificate, directions to CasteVerification Committee to proceed with the matter – On appeal, held:Unless the Court is satisfied that the incumbent was not eligible atall as per the statutory provisions for being appointed or elected tothe public office or that he/she has incurred disqualification tocontinue in the said office, which satisfaction should be foundedon the indisputable facts, the High Court ought not to entertain theprayer for issuance of a writ of quo warranto – Thus, the HighCourt could not have issued a writ of quo warranto until the Incomeand Caste Certificate issued in favour of the appellant, on the basisof which she participated in the election for the post of Adhyakshaand got elected, was to be declared void or invalidated by the CasteScrutiny Committee – Mere fact that the certificate was issued in ashort span of five days from the date of the application, per se,does not lead to an inference that the required procedure has notbeen followed and can be no basis to invalidate the certificate –For a person possessing an Income and Caste Certificate issued bythe jurisdictional Authority and so long as it is valid and in force,treating such a person as usurper of the public office and occupyingit without legal authority, cannot be accepted – Order passed bythe High Court set aside – Caste Verification Committee directed toexpedite the enquiry regarding validity of the Income and CasteCertificate. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 213 |
Petitioner | Bharati Reddy |
Respondent | The State Of Kernataka & Ors. |
SCR | [2018] 3 S.C.R. 137 |
Judgement Date | 2018-03-06 |
Case Number | 1763 |
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