P G DHANANJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The Writ of Quo Warranto originally was a writ for the King in England against the subject who claimed or usurped any office, to inquire into the authority by which the claim was sought to be supported, in order to determine the right of the subject. The said writ actually fell into disuse.

(2.) In fact, in his Constitutional Law of India Shri H.M. Searvai proceeds with the discussion of Quo Warranto in the following words: (16.61 - page 1481 -4th Edition)

(3.) However, genuine efforts of the counsel for the parties to place before this Court through citation of decided cases of the writ of Quo Warranto, copious reference to the principles of administrative law emphasising attitude of reasonableness and acting in good faith, together with the settled guidelines relating to the exercise of discretionary power with implied limitation, all above would certainly provide tabulised wisdom that would provide its own weightage to this judgment. This would also add as an acknowledgment of labour of counsel.