For challenging the illegal appointment of a person to a public office, you can file a writ petition in the high court or Supreme Court for seeking a writ of quo warranto. Such writ petition can be filed by any person irrespective of whether or not such petitioner has a personal interest in it.
The grounds for filing a writ of quo warranto for challenging the illegal appointment of a person, the following characteristics are required generally:
- Office occupied by such person must be a public office.
- Such public office must have an independent and substantive character.
- Such public office must be constitutional or statutory (i.e., under some law, rules, regulations, etc., under authority of law).
- Such person must have been appointed in violation of the terms of the Constitution or the statutory law etc.
So, you should be in a position to file a writ petition for this purpose. It is advisable to file the writ petition in the high court, instead of directly going to Supreme Court because the Supreme Court may not nowadays entertain a writ petition directly under Article 32 of the Constitution nowadays.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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