AFFIDAVIT FOR WRIT OF MANDAMUS UNDER ARTICLE 226 OF THE CONSTITUTION TO FILE IN HIGH COURT

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GUIDELINE

Guidelines for Drafting an Affidavit for a Writ of Mandamus Under Article 226 of the Constitution to File in a High Court:

Title and Parties: Start with a clear title, specifying your name as the petitioner and the relevant authorities as respondents. Clarify that it's an affidavit in support of your writ petition for a writ of mandamus.

Introduction: Identify yourself, your relationship to the case, and briefly state the purpose of the affidavit.

Facts: Provide a concise, chronological account of the circumstances that necessitate the writ of mandamus. Include dates, events, and any communication relevant to the case.

Legal Provisions: Cite Article 226 and any other applicable laws or precedents that support your petition.

Cause of Action: Clearly state the cause of action, explaining why the writ of mandamus is required, such as non-performance of a statutory duty or violation of your legal rights.

Prayer: Explicitly state the relief sought, which is the issuance of the writ of mandamus compelling the respondents to perform their legal duty or correct the wrong.

Affidavit Verification: Declare that the contents of the affidavit are true and correct to the best of your knowledge, belief, and information.

Conclusion: Summarize the key points and reiterate the necessity of the writ of mandamus.

Signature: Sign the affidavit before a notary public or a competent authority, including your full name and date.

Common Mistakes to Avoid:

Providing false or inaccurate information.
Being vague or unclear in your statements.
Including irrelevant or unnecessary details.
Submitting an unverified affidavit.
Overly technical language that is difficult to understand.
Neglecting to establish the urgency or necessity for the writ of mandamus.

An affidavit in a writ of mandamus petition is crucial as it provides firsthand information to the court. Ensure its accuracy, relevance, and completeness, and consult with legal experts to meet procedural and substantive requirements.

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