In the absence of violation of a statutory Rule or a provision of the Constitution, a writ of quo-warranto cannot be granted by the High Court.: Jammu Kashmir and Ladakh High Court
The Jammu Kashmir and Ladakh High Court passed a judgement on the 30th of December, 2022 in which the petition demanding quo warranto was held non maintainable. This was seen in the case of Ashutosh Sharma vs union territory of J&K and others (WP(C) No. 847/2022 CM No. 2544/2022). The case was presided over by The Honourable Mr Justice Rajnesh Oswal and The Honourable Mr Justice Puneet Gupta.
FACTS OF THE CASE:
The petitioner in the instant petition filed under Article 226 of the Constitution craves the indulgence of the Court for grant of Quo-Warranto with respect to Order passed by the respondent no. 1 qua the respondent no. 2 and may kindly set aside the same with the respect to respondent no. 2 in the interest of justice.
The petition was propounded because the Jammu and Kashmir State Sports Council having its own Constitution incorporate therein Memorandum of Articles of Association and Rules and Regulations besides other matters provide for the mode of filling up of the post of Secretary to the Council to be filled up by deputation from Govt., by an officer of the rank of Special Secretary.
In the objections filed by respondents while opposing the petition it is averred that the petitioner has no locus standi to maintain the petition and that the Council is a Society registered under Jammu and Kashmir Societies Registration Act, 1998, being run and administered by its governing body and that in terms of the Rules supra, the Council does not bar the Govt from transferring and posting an officer other than a Special Secretary in the interest of administration, more so when the Recruitment Rules of the Council are not applicable to the Govt.
JUDGEMENT:
The court held that in the absence of violation of a statutory Rule or a provision of the Constitution, a writ of quo-warranto cannot be granted by the High Court. And in the instant petition the same wasn’t found during investigation. For all what has been observed, considered and discussed, the instant petition was held not maintainable and accordingly, dismissed along with connected application.
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JUDGEMENT REVIEWED BY KRITI GUPTA