183+ Lawyers are online 
Can I file writ petition against biased quasi judicial body
18-Jun-2023 (In Civil Law)
If member of a quasi-judicial body effectively denies justice to a petitioner and continues to act in biased manner, and explilcitly makes statements to this effect, does it amount to denial of justice? If the petitioner is asked by the member of the body, to silently accept attacks on his lifestyle by a person who is already under an order to not to do so, does it amount to violation of right to liberty and dignified life? If so, can a writ petition be filed seeking exemplary compensation from the State department who is responsible for constituting this body?
Certiorari is a Latin term being in the passive form of the word ‘Certiorare’ meaning to inform. It was a royal demand for information. Certiorari can be described as “one of the most valuable and efficient remedies.” Certiorari is one of the five prerogative writs adopted by the Indian Constitution under Article 226 which would be enforced against the decisions of the authority exercising judicial or quasi judicial powers. Such powers are exercised when the authorities have failed to exercise the jurisdiction though vested in it or failed to exercise the jurisdiction though vested on him or to correct the apparent error on the face of record or there is violation of the principle of natural justice. An instance showing the certiorari powers was exercised by the Hon’ble Supreme court in A.K.Kraipak v. Union of India, where the selection was challenged on the ground of bias. The Supreme Court delineated the distinction between quasi judicial and administrative authority. The Supreme Court exercising the powers issued the writ of Certiorari for quashing the action.
Helpful?
29+
29+
Adv. Pranav Dilavari
Delhi | 25+ Answers
CONTACT NOW
As per administrative law and Article 12 of constitution of India, prevents the enforcement of wrong order being derogatory. And we can say, the constitution for judicial review of administrative action. Article 226 which would be enforced against the decisions of the authority exercising judicial or quasi judicial power. Thus we can file writ petition against biased quasi judicial body.
Note:( I am posting reason is that yesterday was holiday and I was out of station.)
Note:( I am posting reason is that yesterday was holiday and I was out of station.)
Helpful?
44+
44+
Adv. Manish Kumar
Delhi | 25+ Answers
CONTACT NOW
Yes, a Quasi Judicial body is also bound by Principles of Natural Justice and cannot show any kind of bias. Bias itself is a denial of justice. Whether such an act would amount to violation of right to life ad liberty can only be commented upon after examining complete facts of the case. A writ Petition can be filed against the Quasi Judicial Body if it falls within the ambit of State.
Helpful?
28+
28+
Adv. Srishti Saxena
Delhi | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
