LexStreak
Read free →
Supreme Court of India· 08 September 2026

Does the burden of proving that an appointee lacks the requisite qualification for a public office lie on the writ petitioner until unimpeachable evidence is produced?

ANNU KUMAR & ANR v. MAHARSHI DAYANAND UNIVERSITY
2026 INSC 968
Coram: Justice Dipankar Datta · Justice Manmohan
🔖 Save this judgment🔔 Follow Art.226 Constitution of India📬 Get today's judgments
View the original judgment PDFFree to read. To download it — or the LexStreak typeset copy with the headnote and Points of Law — create an account; downloads are part of the Pro plan.
Answer

The burden of proving that an appointee lacks the requisite qualification for a public office lies on the writ petitioner until unimpeachable evidence is produced.

Yes. In a proceeding for a writ of quo warranto, the burden of proving that the appointee lacks the requisite qualification to hold a public office lies on the writ petitioner, who must discharge it with unimpeachable evidence; only then does the onus shift to the appointer and the appointee to rebut it. (¶14)

Headnote

Constitution of India — Art.226 — Art.142 — Writ of quo warranto — Locus standi — Burden of proof — Writ of quo warranto — Personal grievance of unsuccessful candidate — Not maintainable — Held: The jurisdiction to issue a writ of quo warranto cannot be employed to vindicate the personal grievance of a candidate unsuccessful in a selection process; the petitioner must show the appointee lacks the qualification to hold the office. (¶9) Writ of quo warranto — Burden of proof — Unimpeachable evidence — Held further: The burden of proving that an appointee lacks the requisite qualification lies on the writ petitioner, who must discharge it with unimpeachable evidence before the onus shifts to the appointer and appointee. (¶14) Constitution of India, Art.142 — Fresh inquiry despite dismissal — Held further: Article 142 empowers the Court to direct a fresh inquiry into an appointee's qualification even while dismissing the appeal and declining relief, where credible evidence of fraud has surfaced during the proceedings. Appeals disposed of. (¶18, 19, 21)

Headnote

You've used your free headnotes this month

The answer above and the Court's own paragraphs stay free. LexStreak's full headnote on this judgment needs an account — a free one opens it again.

Create my free account
In the Court's own words
Paragraph 14To seek and succeed in a proceeding for a writ or in the nature of quo warranto, it is absolutely necessary for the writ petitioner, who could even be a stranger, to establish that an appointee, not having the requisite qualification for occupying a public office or suffering from such other disability, thereby attracting a disqualification to hold such office, was appointed and, in the process, has usurped a public office. While questioning an appointment on a public office on the ground of lack of authority of the appointee to occupy the same, the burden of proof has to be discharged by the writ petitioner by producing unimpeachable evidence in support of his assertion. If produced, the onus shifts to the appointer and the appointee to rebut such evidence and convince the Court of there being no illegality, irregularity and/or discrepancy of any nature in the process of such an appointment or lack of any of the essential qualifications of the appointee.
Acts & Sections
Art.226 Constitution of IndiaArt.142 Constitution of India

One judgment a day. That's the whole habit.

Read the full text of ANNU KUMAR & ANR v. MAHARSHI DAYANAND UNIVERSITY — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.

Create my free account

Free forever plan · 30 seconds · data stays in India

Open the full judgment →

Also decided in this judgment
Can the jurisdiction to issue a writ of quo warranto be employed to vindicate the personal grievance of a candidate unsuccessful in a selection process?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections