What should a writ affidavit against unfair quasi-judicial proceedings contain?
A lower quasi-judicial body dismissed a petition mid-way of a trial without conducting a fair hearing (non-conduction of a adjourned cross-examination mentioned on record in deposition etc.). The petitioner wishes to file a Writ Petition invoking the supervisory jurisdiction of the High Court to quash the impugned order and redirect the lower quasi-judicial body to conduct and complete the fair trial. In the Writ Affidavit that goes along witht the Writ Petition, is it enough if we detail about the grounds ie., the irregularities faced before the quasi-judicial body and the subsequent prayer, or is it required to go into the details of the previous cause of action upon which the complaint was raised before the quasi-judicial body in first place?
Dear Client, the writ affidavit should briefly explain the background of the original dispute and clearly describe the procedural irregularities that took place before the quasi-judicial authority. The focus should be on showing how a fair hearing was denied, why the order is legally incorrect, and the relief you are seeking from the High Court. The background should be included only to the extent necessary for the High Court to understand the case. Hope this helps. Please feel free to reach out to us if you have any further queries or need assistance.
Dear Client , It is hard to see from the facts given what the precise legal grievance or relief was. If you think your legal rights have been infringed or your claims have not been made, you should seek legal advice or go to the relevant body that has jurisdiction over the issue. You can get justice without paying a lawyer by applying to the Maharashtra State Legal Services Authority (MSLA), under the Legal Services Authorities Act, 1987, if you cannot afford a lawyer. Maintain records of all notices, correspondence and papers that support the remedy you are seeking. Thank you for reaching out to Prime Legal.
In a writ petition challenging a quasi-judicial order, the affidavit should clearly state the relevant facts, procedural irregularities, legal grounds, and the relief sought. While the focus should be on the defects in the proceedings, it is advisable to briefly explain the original cause of action to provide the High Court with sufficient background and context for the dispute. For further legal assistance contact us on our helpline number.
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