Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

A writ petition to assail the election of a person is not co

Raj Kumar Makkad ,
  11 March 2010       Share Bookmark

Court :
Urrranchal High Court
Brief :
Constitution - Writ of Quo-Warranto seeking removal of elected representative from public office - Scope thereof - Representation of the People Act, 1951 - Whether a writ petition seeking to assail election of elected person and his removal from public office is competent
Citation :
Rajeev Gupta v. Union of India (UOI) and Ors. (Decided on 10.02.2010) MANU/UC/0012/2010
Held, for assailing an appointment made to a public office, writ in the nature of quo warranto would lie only if the appointment to such office had been made in violation of the prescribed statutory conditions. A writ petition to assail the election of a person is not competent. The only remedy available to an individual who wishes to unseat an elected representative holding the office of a Member of Parliament is through an election petition under the provisions of Representation of the People Act, 1951.

 
"Loved reading this piece by Raj Kumar Makkad?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"



Published in Constitutional Law
Views : 1338




Comments





Latest Judgments


More »