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Sample Form Writs Quo Warranto 1063 - Legal Draft

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Category : Writs Quo Warranto

Sample Form

In the High Court of Judicature at ...........
In re Art. 226 of the Constitution of India
Name & Address :....................................                           Petitioner
..........................................................
Versus
(1) Name & Address :..........................
....................................................
(2) ...................................., Chairman of the Municipal Board of ......... at................... Respondents.
(3) State of........, through Secretary, Local Self-Government.......
Petition for a writ of quo warranto and other direction or order
The petitioner above named states as under :
1. That the respondent No. 1 was nominated on .......by the respondent No. 2 under Sec...... of ......... Municipalities Act on the occurring of a vacancy in the Municipal Board of ....... in respect of a seat to which a member had to be nominated.
2. That the respondent No. 1 was a candidate at the previous (20...........) general election of this Municipal Board and had failed in getting elected.
3. That under the proviso to Section .......of ..........Municipal Act, 20......... a person who had stood as a candidate at the previous general election and had not been elected, could not be nominated to the Board.
4. That the nomination of the respondent No. 1 was in contravention of the provisions of law and his membership of the Board is, therefore, invalid.
5. That the petitioner is a resident within the Municipality of .......... and is a voter at No. ......in Ward No. ........ of the said Municipality.
6. In the circumstances, it is prayed that a writ of
quo warranto be issued declaring that the nomination of respondent No. 1 by respondent No. 2 for a seat in Municipal Board of ...... is invalid and that the respondent No. 1 is not entitled to hold the office of a member thereof and directing him not to exercise or use the rights, liberties and privileges in respect of the notice of a member of the Municipal Board of ........
N.B. - An affidavit in support of the petition is also filed herewith.
Dated............
(Sd.)
Petitioner.
(Sd.)
Advocate for the Petitioner.


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