Writ of Quo-Warranto. Pre-requisite for issuance of a writ of quo- warranto is that the person against whom it is sought must hold an “Independent”, “Substantive” public office. Mere holding of a public office is not enough. Karnataka High Court.

Karnataka Kaigarika Pradeshabhivruddi Mandali Parishista Jaati Parishista Pangada Matthu Hindulida Vargagala Noukarara Sangha (Regd) vs State of Karnataka and others. Writ Petition 33055/2019 decided on 8 May 2020. Justice G. Narendar.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/330792/1/WP33055-19-08-05-2020.pdf

HELD: The pre-requisite for issuance of a writ of quo- warranto is that the person against whom it is sought must hold an  independent,  substantive  public  office.

Relevant Paragraphs: 29. Judgment in (2006) 11 SCC 731 B. Srinivasa Reddy Vs. Karnataka Urban Water Supply & Drainage Board  Employees’ Assn. and Others noted. “Black’s Law Dictionary defines public office as under: “Public Office: Essential characteristics of “public  office”  are  (1)  authority  conferred  by law, (2) fixed tenure of office, and (3) power to exercise some portion of sovereign functions  of Government; key element of such test is that “officer” is carrying out sovereign function. Spring v. Constantino. Essential elements to establish public position as “public office” are: position must be created by Constitution, legislature or through authority conferred by legislature, portion of sovereign power of Government must be delegated to position, duties and powers must be defined, directly or impliedly, by legislature or through legislative authority, duties must be performed independently without control or superior power other than law, and position must have some permanency and continuity, State v. Taylor.

31. On a close examination of the law laid down by the Hon’ble Apex Court and as set out by the Division Bench, it is apparent that the petition is required to comply with certain pre-requisites before the High Court endeavours to issue a writ of quo-warranto. As held by the Division Bench the pre-requisite for issuance of a writ of quo- warranto is that the person against whom it is sought must hold an  independent,  substantive  public  office.

The post in question, can by no stretch of imagination be equated with an independent and substantive public office as the post.

Writ Petition Dismissed.  

Compiled by S.Basavaraj, Advocate, Daksha Legal.