The Bombay High Court has held that a writ of quo warranto is not maintainable against the Chairman-cum-Managing Director (CMD) of a Government company merely because the appointment is made by the President of India or the company is government-controlled. The Court further observed that for a writ of quo warranto to lie, the office in question must be a "public office" created by law and vested with sovereign governmental functions, which the office of CMD of MOIL does not satisfy.

A Division Bench of Justice Anil S. Kilor and Justice Raj D. Wakode was hearing a writ petition filed by MOIL Janshakti Mazdoor Sangh seeking a writ of quo warranto against the appointment of the Chairman-cum-Managing Director of Manganese Ore India Limited (MOIL). The petitioner alleged that the appointee had earlier faced corruption allegations while serving in the Steel Authority of India Limited (SAIL) and that his appointment violated various statutory and administrative requirements. The respondents raised a preliminary objection contending that the petition itself was not maintainable because the office of CMD of MOIL was not a "public office" against which a writ of quo warranto could be issued.

Accepting the preliminary objection, the Court reiterated that for a writ of quo warranto, it must be examined whether a person occupies a public office without legal authority and whether the appointment violates statutory provisions. It emphasized that judicial review in such proceedings is confined to eligibility and legality of appointment, and does not extend to assessing the appointee's suitability or merits.

Applying these principles, the Bench held that although MOIL is a Central Public Sector Enterprise with 53% Government shareholding and its CMD is appointed by the President of India through the prescribed selection process, these facts alone do not convert the office into a public office. It observed:

“… the appointment of the petitioner was made by the Hon'ble President of India. However, that ipso facto will not make the post of Chairman-cum-Managing Director as a 'public office'.”

The Court noted that MOIL is a Government company incorporated under the Companies Act, 2013, and not a statutory corporation. It further found that neither the company nor its CMD exercises sovereign governmental functions, and the petitioner had failed to identify any statute under which the appointment was made.

Accordingly, the Court held that the writ petition was not maintainable and dismissed it.

Case Title: MOIL Janshakti Mazdoor Sangh v. Union of India [Writ Petition No. 3222 of 2026]

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