2022 (12) TMI 555 - SCH - Indian Laws

Writ of quo warranto - appointed of Vice Presidents of the Income Tax Appellate Tribunal. - HELD THAT - We are of the considered view that no recourse to the writ jurisdiction of the High Court to seek a writ of quo warranto could have been taken. There is no challenge to the eligibility of the fourth and fifth respondents. If there are other remedies available in respect of the alleged breach of the directions in Roger Mathew vs South Indian Bank Limited and Others 2019 (11) TMI 716 - SUPREME COURT , it is open to an aggrieved individual to pursue such remedies in accordance with law.

Summary

Issues Involved: Challenge to appointment of Vice Presidents of the Income Tax Appellate Tribunal through a writ of quo warranto under Article 226 of the Constitution.

Detailed Analysis:
1. Challenge to Appointment: The petitioner, a member of the Bar, challenged the appointment of the fourth and fifth respondents as Vice Presidents of the Income Tax Appellate Tribunal through a writ of quo warranto under Article 226 of the Constitution. The petitioner contended that the selection procedure was contrary to a previous decision of the Court.

2. Jurisdiction of High Court: The High Court considered the petitioner's submission but held that seeking a writ of quo warranto was not the appropriate recourse. The Court opined that there was no challenge to the eligibility of the appointees, and if there were other remedies available for the alleged breach of directions from a previous case, those remedies should be pursued in accordance with the law.

3. Eligibility of Appointees: It was established that the fourth and fifth respondents met the eligibility requirements for their positions, and their appointments were made in January 2020. The Court confirmed that there was no dispute regarding their qualifications for the roles they held.

4. Dismissal of Writ Petition: The Supreme Court dismissed the writ petition, clarifying that they did not review the reasoning of the High Court due to the finding that the petition seeking a writ of quo warranto was misconceived. The Court affirmed the High Court's decision to dismiss the writ petition based on the reasons provided.

5. Future Course of Action: The petitioner was granted the liberty to intervene in proceedings related to a petition filed by the Madras Bar Association, should they choose to do so. The Court dismissed the petition and disposed of any pending applications related to the case.

This judgment highlights the importance of choosing the correct legal remedy for challenging appointments and the significance of meeting eligibility requirements for holding public office. It also emphasizes the need to follow proper legal procedures in addressing grievances related to alleged breaches of legal directions.