Constitution of India, 1950, Article 226 -- Writ jurisdiction - Objection to maintainability : (i) no action competent against removal of encroachments from property of Government, and (ii) remedy by way of a regular suit - Petitioners in peaceful possession of sites in dispute on which shops constructed and alleged encroachments took place seven years prior to its removal..........
Constitution of India, 1950, Article 226 -- Petition for writ of mandamus restraining respondents from demolishing shops - Demolition of shops stayed - Some portions of shops demolished upon which petition amended and added prayer for a pre-emptory writ of mandamus directing respondents to reconstruct shops and restore them in the same condition in which these were prior..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Election matter - Objection that Prescribed Authority had given finding on facts and this could not be called in question in writ petition - Prescribed Authority when acting under a statute and statutory rules either travels beyond scope of those provisions or fails to act in accordance with those provisions -..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Election matter - Will of electorate to be shown due respect - Election not to be set aside on wholly technical grounds when departure from statutory provisions or rules has not materially affected the result of election - Election to Managing Committee of Co-operative Society - Proposal for making zones..........
Constitution of India, 1950, Article 226 -- Writ of quo warranto - Election matter - Court should enquire into conduct and motive of petitioner - Election an expensive and time-consuming process - Setting aside of election - -Material circumstance touching substance of election must be shown to have existed - Merely a technical breach of a technical rule - Election not to..........
Constitution of India, 1950, Article 226 -- Election matter - Writ proceedings - Most inappropriate...........
Constitution of India, 1950, Article 226 -- Writ of quo warranto - Election matter - Petition filed 2 months and 16 days after the election - Delay not explained - Court declined to interfere...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Election matter - Alternative remedy of election petition - No locus standi of petitioner to challenge by election petition - Does not make it obligatory on High Court in exercise of its extra-ordinary jurisdiction to perform function of Election Tribunal...........
Constitution of India, 1950, Article 226 -- Writ of quo warranto - A discretionary relief - Not a writ which petitioner entitled to as a matter of right - Court can grant or refuse according to facts and circumstances of each case...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Challenge to election after expiry of period of limitation for presenting election petition - Elected person acquired a valuable right...........
