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Quo Warranto against Political Appointees

Prerogative Writs & Extraordinary Remedies

Definition

A writ challenging the appointment of political leaders to ministerial or executive positions on the ground of an express constitutional disqualification (such as criminal conviction under the Representation of the People Act).

Example

In B.R. Kapur v. State of Tamil Nadu, the Supreme Court issued a writ of Quo Warranto invalidating the appointment of J. Jayalalithaa as Chief Minister because she had been convicted and sentenced to more than two years' imprisonment, rendering her ineligible under Article 164.