Limits of Quo Warranto: Bombay High Court Rules PSU CMD Post Not a Public Office
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Case: MOIL JANSHAKTI MAZDOOR SANGH BALAGHAT, THR. PRESIDENT, RAMKRIPAL KHURSHEL v. UNION OF INDIA, THR. SECRETARY, MINISTRY OF STEEL (MOIL) DIVISION, NEW DELHI AND ORS.
Court: Bombay High Court
Date: 29-07-2026
Law: Companies Act, Constitution of India, Administrative Law.
Highlights of the Judgment:
- Examination of the maintainability of a writ of quo warranto against corporate heads of Central Public Sector Enterprises.
- Judicial interpretation of what constitutes a public office requiring the delegation of sovereign governmental functions.
- Analysis of whether an appointment made by the President of India in a government company elevates a commercial post to a public office.
- Review of precedents distinguishing between statutory bodies, government companies under the Companies Act, and constitutional offices.
- Delimitation of the scope of judicial inquiry in quo warranto petitions regarding eligibility versus suitability and merit.