Affidavit for Writ of Mandamus (High Court, Art. 226)

Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court.

IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRA ORDINARY CIVIL JURISDICTION
WRIT PETITION (CIVIL) NO. OF 20______

IN THE MATTER OF:

___________________

.............petitioner

VERSUS

_________________________ ORS

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

AFFIDAVIT

I, __________________, Son of Shri _______________, aged approximately ___ years, residing at ____________________________, the Petitioner above named, do hereby solemnly affirm and state as under:
That I am one of the petitioners in the present writ petition and, being fully familiar with the facts and background of the case, I am duly competent to swear to this affidavit.

1. That the other co-petitioners have duly authorised me to file and sign the present writ petition on their behalf.
    
2. That I have thoroughly read and understood the contents of the writ petition and affirm that the statements made therein are accurate and true to the best of my knowledge.
    
3. That the annexures attached with the writ petition are true and correct reproductions of the original documents.
    
4. That I have made every possible effort within my means to investigate and gather all relevant data and information that may assist this Hon'ble Court in considering and adjudicating this petition.
    
5. That I further affirm that there is no concealment of any facts, data, or materials which may be of significance for this Hon'ble Court in determining whether to entertain the petition or to grant the reliefs sought.
    
6. That I have reviewed and understood the entire contents of the writ petition, including the synopsis and list of dates from pages ______ to ______, the writ petition itself from pages _______ to ______, paragraphs _______ to ______, the grounds from ________ to ____, and all supporting applications. I confirm that all facts stated therein are true and correct to the best of my knowledge and belief. I also affirm that the annexure attached to the writ petition are genuine and faithful copies of their originals.

DEPONENT

VERIFICATION

I, the above-named deponent, do hereby verify that the contents of this affidavit are true and correct to my knowledge and belief. Nothing stated herein is false, and no material information has been suppressed.
Verified at New Delhi on this _________ day of____________, 20.

DEPONENT

Why is this affidavit used?

This affidavit is filed when a Writ Petition of Mandamus is made under Article 226 of the Constitution in the High Court.

Mandamus = Latin for "we command".

It is basically asking the High Court to direct a public authority, university, government office, or official to perform a legal duty that they are failing, refusing, or neglecting to do.

When is it used?

• Non-performance of duty – e.g., a university not declaring exam results despite rules.
• Government inaction – e.g., municipal authority not removing illegal encroachment after complaints.
• Statutory right violation – e.g., pension not released though law clearly provides it.
• Administrative inaction – e.g., a licensing authority sitting on your application without reason.

Purpose of the affidavit

• To authenticate the facts before the Court.
• To state that the petitioner(s) have checked and confirmed all facts in the petition and annexures.
• To assure the Court that nothing false or hidden is presented.
• To give the High Court a verified basis to issue Mandamus.

Important things to know

Mandamus cannot be issued against:

• Private bodies (unless performing public duty).
• President or Governor (Art. 361 immunity).
• Courts (for judicial functions).

Petitioners must show a clear legal right and a clear legal duty of the authority.

Affidavit acts as sworn testimony of truthfulness. If false → perjury risk.

FAQs

Q1: Who can file an affidavit for Mandamus?

Any person whose legal right is affected by the inaction of a public authority. Example: a student, pensioner, employee, or citizen.

Q2: Can Mandamus be filed for personal grievances?

No. It must relate to a public duty or statutory duty owed by an authority.

Q3: Example of Mandamus in education?

Student files a writ of Mandamus to direct the university to issue a degree certificate withheld without valid reason.

Q4: What if multiple petitioners are involved?

One petitioner can file an affidavit with the authorisation of others.

Q5: Is an affidavit mandatory with Mandamus writ?

Yes, because the Court needs sworn confirmation of facts, not just unverified allegations.

Q6: Can Mandamus be filed if an alternative remedy (like appeal) exists?

Generally no. The High Court may refuse if an alternate remedy is available, unless urgency/violation of fundamental rights is shown.