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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.

 
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Published in Constitutional Law
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