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

By shagun , 3 September 2025

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

IN THE HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL CIVIL JURISDICTION
WRIT PETITION (CIVIL) NO. OF 20__

IN THE MATTER OF:

___________________

……………Petitioner

VERSUS

MUNICIPAL CORPORATION & ORS

……………………respondent

AFFIDAVIT

I, ___________________, Son of ___________________, aged about _______, Occupation ___________________, residing at _____________________________, do hereby solemnly affirm and state as follows:

I state that I was initially appointed as ____________ in ____________ during the year ____________, and by virtue of such employment, I am governed by all rules, service conditions, entitlements, and benefits applicable to employees of ____________. However, in the year ____________, ____________ was transferred to ____________, though neither I nor our Union ever consented to such a transfer of undertaking. Although the Corporation had required me to sign an agreement opting into the rules and regulations of ____________, I never executed any such agreement, as I was not inclined to accept those terms.
Consequently, my service remains governed by the regulations and conditions of employment applicable to the employees of ____________.
I further submit that while performing my duties as Assistant Engineer at ____________, on ____________, I conducted a night inspection of a shelter constructed for homeless persons at ____________ and raised objections about the use of substandard materials. When I pointed out these irregularities, the contractor threatened me, stating that he would ensure my removal from the department. I immediately reported this incident to senior management.
To my shock, I was served with an order of suspension dated ____________, issued by the respondent along with a charge memorandum dated ____________, vide proceedings No. ________, alleging that I had demanded a bribe from the contractor.
The suspension order was issued without affording me any opportunity to be heard or to present my explanation.
I submit that the impugned suspension order dated ____________ and the charge memo dated ____________ are wholly unsustainable for the following reasons, among others:

i. The respondent lacks the authority and competence to initiate the impugned action, rendering the proceedings without jurisdiction.

ii. The respondent has violated the principles of natural justice by denying me an opportunity to be heard.

In view of the above circumstances, I am left with no other efficacious alternative remedy except to invoke the extraordinary jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India.

I further affirm that no suit, writ, or appeal concerning the subject matter of the present writ petition has been filed by me either before this Hon'ble Court or before any other court or tribunal.
I have read and understood the contents of the Writ Petition, including the accompanying synopsis and list of dates from pages ____ to ____, the Writ Petition from pages ____ to ____, paragraphs ____ to ____, the grounds from ____ to ____, and all annexed applications. I state that the facts contained therein are true and correct to the best of my knowledge and belief. I also affirm that the annexures filed with the Writ Petition are true copies of their respective originals.
In these circumstances, it is just, necessary, and in the interest of justice that this Hon'ble Court be pleased to:

a. Issue a Writ of Quo Warranto or any other suitable writ, order, or direction, calling for the records relating to Proceedings No. ________ dated ____________ issued by the respondent, and quash the same as arbitrary, illegal, and unconstitutional;
b. Stay the operation of Proceedings No. ________ dated ____________ pending the disposal of this writ petition;
and pass such other and further orders as this Hon'ble Court may consider appropriate in the interests of justice, failing which I shall suffer irreparable harm, loss, and hardship.

DEPONENT

VERIFICATION

Verified at New Delhi on this ___ day of _______, 20_____, that the statements made herein are true and correct to my knowledge and belief. No part of it is false, and nothing material has been concealed.

DEPONENT

Why is this affidavit used?

It is filed with a writ petition of Quo Warranto in the High Court under Article 226.

Quo Warranto = Latin for "by what authority".

Purpose:

To challenge the legality of a person's holding of a public office/post when they do not meet the legal requirements.

When is it used?

When a person is appointed to a public office illegally, e.g.,
No qualifications under the law.
Appointment made without proper procedure.
Office itself not validly created.
When the appointment violates statutory rules, service regulations, or constitutional provisions.
When someone continues in office after disqualification (e.g., age, conflict of interest, corruption findings).

Purpose of this affidavit

To swear facts about the illegality/irregularity of appointment or action.
To give the Court a verified factual foundation for issuing Quo Warranto.
To show that the petitioner has no personal vendetta but is questioning public office occupation (Quo Warranto is a public law remedy).
To demonstrate no alternate legal remedy is available.

Important things to know

Quo Warranto is not about private rights → it is a public interest writ.
Anyone (citizen/taxpayer/employee) can file it, even if not personally affected.
The High Court examines only the legality of holding office, not the performance of duties.
Can be combined with other writ prayers (Certiorari, Mandamus, Prohibition) depending on facts.
If an affidavit is false → risk of perjury.

FAQs

Q1. Who can file a writ of Quo Warranto?: Any citizen. Example: A rival employee, social activist, or even a common person. No personal interest is needed.
Q2. Example situation for Quo Warranto?: If a municipal commissioner is appointed without the required 10 years' administrative experience, anyone can challenge it.
Q3. What does the affidavit prove?: That the petitioner has checked the facts, annexures, and rules → and swears under oath that the appointment/action is illegal.
Q4. Is Quo Warranto available against private companies?: No. It is only against public offices created by Constitution, statute, or law.
Q5. Does the Court look at misconduct in office?: No. Only at the eligibility and legality of appointment. Misconduct → other remedies like disciplinary proceedings.
Q6. Can stay orders be asked along with Quo Warranto?: Yes. As in your draft, the petitioner can ask the Court to suspend proceedings/orders until the writ is decided.