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Quo Warranto against High Court Judges

Prerogative Writs & Extraordinary Remedies

Definition

An extraordinary constitutional petition questioning the validity of the appointment of a sitting judge to a superior court on the ground that the constitutional consultative process (Article 217) or eligibility requirements were not met.

Example

In Kumar Padma Prasad v. Union of India, the Supreme Court issued a writ of Quo Warranto declaring an appointee ineligible to take oath as a High Court judge because he did not satisfy the constitutional definition of having held a "judicial office."