Principle of "de facto authority" - Indian Laws - General

Principle of de facto authority The principle as stated in Cooley's Constitutional Limitations, 8th Edn. Vol. II, p. 1357 is that: For the sake of order and regularity and to prevent confusion in the conduct of public business and in security of private rights, the act of officers de facto are not suffered to be questioned because of the want of legal authority except by some direct proceeding instituted for the purpose of the State or by some one claiming the office de jure, or except when the person himself attempts to build up some right, or claim some privilege or emolument, by reason of being the officer which he claims to be. In all other cases the acts of an officer de facto are as valid and effectual, while he is suffered to retain the office, as though he were an officer by right, and the same legal consequences will flow from them for the protection of the public and of third parties. This is an important principle which finds concise expression in the legal maxim that the acts of officers de facto cannot be questioned collaterally.