Vijay Singh vs The State Of Madhya Pradesh & Ors.

"31.

Shri Nariman laid great stress on Everett v. Griffiths (1924) 1 KB 941 where it is stated: "It is plain, however, that in quo warranto proceedings the Court can and will inquire into the conduct and motives of the relator." Reference is made to a passage from Halsbury's Laws of England and some earlier decisions which have been referred for treating the point as well settled. These observations were made after examining the claim on merits, and in view of the fact that the plaintiff was known for his frequent persistent and fruitless litigation proceedings, having commenced primarily with the motive of resentment. In spite of these strong observations in the judgment about the conduct and motive of the plaintiff the court did not refuse to go into the points raised, for that reason alone. In our opinion this decision cannot persuade us to hold that the dismissal at the admission stage of the present petitions by the High Court, on the ground merely of laches can be sustained, when the alleged usurpation of the public offices, including that of the Chief Minister of the State of Goa, continues.

32.

Reference was made by Shri Nariman as well as Shri Ashok Desai to Rules 1 and 4 of Order 53 of the Rules of Supreme Court and Section 30 of the Supreme Court Act, 1981 (England) wherein limitation is prescribed for application for judicial review and delay in applying for relief is a ground for denying the relief, unless the Court considers that there is good reason for extending the period of making the application. It was urged that these provisions are substantially the same as the earlier English Practice according to which, as held in Everett v. Griffiths (1964) 1 WLR 1019 the order is not issued as of course, and the conduct and motives of the applicant may be enquired into. Reference was also made to R. v. Stratford-on-Avon District Council, ex parte Jackson (1985) 3 All ER 769 which was followed by the House of Lords in Caswell v. Dairy Produce Quota Tribunal for England and Wales (1990) 2 WLR 1320, (1990) 2 All ER 434.

33.

In our opinion, the position remains the same. Emphasis in these decisions is on public interest and good administration, and the jurisdiction of the Court to extend time in suitable cases for making such an application. In Caswell (1990) 2 WLR 1320, (1990) 2 All ER 434 the House of Lords took into account the larger public interest for the view that the interest of good administration required non-interference with the decision which was challenged after a lapse of a considerable time, since any interference at that stage, when third party interests had also arisen, would be detrimental to good administration.

34.

In our opinion the exercise of discretion by the court even where the application is delayed, is to be governed by the objective of promoting public interest and good administration; and on that basis it cannot be said that discretion would not be exercised in favour of interference where it is necessary to prevent continuance of usurpation of office or perpetuation of an illegality.

35.

We may also advert to a related aspect. Learned counsel for the respondents were unable to dispute, that any other member of the public, to whom the oblique motives and conduct alleged against the appellants in the present case could not be attributed, could file such a writ petition even now for the same relief, since the alleged usurpation of the office is continuing, and this disability on the ground of oblique motives and conduct would not attach to him. This being so, the relief claimed by the appellants in their writ petitions filed in the High Court being in the nature of a class action, without seeking any relief personal to them, should not have been dismissed merely on the ground of laches. The motive or conduct of the appellants, as alleged by the respondents, in such a situation can be relevant only for denying them the costs even if their claim succeeds, but it cannot be a justification to refuse to examine the merits of the question raised therein, since that is a matter of public concern and relates to the good governance of the State itself.

"31.

From the aforesaid pronouncements it is graphically clear that a citizen can claim a writ of quo warranto and he stands in the position of a relater. He need not have any special interest or personal interest. The real test is to see whether the person holding the office is authorised to hold the same as per law. Delay and laches do not constitute any impediment to deal with the lis on merits and it has been so stated in Dr. Kashinath G. Jalmi and another v. The Speaker and others."

"22.

While dealing with the writ of quo warranto another aspect has to be kept in view. Sometimes a contention is raised pertaining to doctrine of delay and laches in filing a writ of quo warranto. There is a difference pertaining to personal interest or individual interest on one hand and an interest by a citizen as a relator to the court on the other. The principle of doctrine of delay and laches should not be allowed any play because the person holds the public office as a usurper and such continuance is to be prevented by the court. The Court is required to see that the larger public interest and the basic concept pertaining to good governance are not thrown to the winds."