Affidavit for Writ Petition in High Court (Art. 226/227 – Certiorari)

Affidavit for Writ of Certiorari Writ Petition under Articles 226 and 227 to be filed in High Court.

___________________

...............petitioner 
 

VERSUS
 

UNION OF INDIA & ORS.

............respondent

AFFIDAVIT

I, ______________, President of ___________ Limited, Son of Late Shri _____________, aged approximately ___ years, currently residing at ___________________, do hereby solemnly affirm and declare as follows:

1. That I am the petitioner in the present writ petition. In my capacity as such, I am fully acquainted with the facts and circumstances involved in the matter and therefore competent to affirm this affidavit.
2. That the accompanying application has been prepared under my directions. I have perused its contents and affirm that the statements made therein are accurate and true to the best of my knowledge and understanding.
3. That I have carefully gone through the Writ Petition and fully comprehend its contents. I have also reviewed the accompanying Synopsis and List of Dates from pages ____ to ____________________, the Writ Petition from pages _________ to __________, and paragraphs _________ to ________, as well as the Grounds from ________ to ________ along with all applications. I state that the information provided therein is factual and accurate as per my knowledge and belief. Furthermore, I affirm that the annexures submitted along with the petition are genuine and true copies of the original documents.

DEPONENT

VERIFICATION

I, the deponent above named, do hereby verify that the contents of this affidavit are true and correct to the best of my knowledge and belief. Nothing material has been concealed, and no part of it is false.
Verified at New Delhi on this _______________ day of _________, 20.

DEPONENT

Why this affidavit is used

To formally verify the facts stated in the writ petition filed before the High Court.

Required under Order XIX of CPC and High Court Rules for writ matters.

Certifies that:

• The petitioner has read and understood the petition.
• The facts and annexures are true and correct.
• The petitioner is competent to affirm.

Purpose

• Acts as evidence on oath supporting the writ petition.
• Ensures authenticity of pleadings and annexures.
• Prevents frivolous or false claims by binding the petitioner to personal responsibility.
• Forms part of procedural compliance for maintainability of writ petitions.

When it is used

• Whenever a writ petition is filed in the High Court under Article 226 (writ jurisdiction) or Article 227 (supervisory jurisdiction).
• Specifically in a Writ of Certiorari, where the petitioner challenges orders or proceedings of a lower court, tribunal, or authority on grounds such as lack of jurisdiction, illegality, or violation of natural justice.

Other important points

• The affidavit must be sworn before an Oath Commissioner/Notary.
• Contents of the writ petition and annexures must be confirmed as true.
• Without an affidavit, the petition is procedurally defective and may be rejected at the filing stage.
• The affidavit must be signed by the person competent (petitioner or authorised officer in case of company).

FAQs

Q1. Is it incumbent on writ petitions to be backed by an affidavit?

Yes. An affidavit verifying the contents must accompany every writ petition.

Q2. Who will appraise the affidavit in the case of a company or institution?

The officer is an authorised officer, such as a Director or President who has knowledge of the facts.

Q3. What is the specific role of an affidavit in a Certiorari petition?

This ensures the High Court that the facts which challenge the legality of the order/decision are true and backed by evidence.

Q4. Can annexures be attached without affidavits?

The annexures are declared as true copies to be originals in the affidavit; otherwise, they will not be accepted.

Q5. Will one affidavit be enough in all applications in a writ?

In general terms, yes, unless for some specific interim applications (This is a stay or exemption), they must include independent affidavits also.

Q6. What happens if an affidavit proves to be false?

It can amount to perjury under BNS, which calls for prosecution and dismissal of the writ petition.

Q7. Is this affidavit only limited for Certiorari?

No, similar affidavits are required for all writs-Mandamus, Prohibition, Habeas Corpus, Quo Warranto, and Certiorari.