Supreme Court Upholds Article 226 Writ Against HEWO Society
The Article 12 and Article 226 were at the centre of a landmark judgment delivered in the January‑March 2026 Supreme Court Quarterly Digest. The apex court affirmed the High Court’s view that a writ petition under Article 226 is maintainable against a registered Society (HEWO). The decision also underscored the fiduciary duty of government officers serving on governing bodies.
Key Developments
- The Supreme Court upheld the High Court’s finding that a writ petition under Article 226 can be filed against a Society, expanding the scope of judicial review.
- The judgment clarified that government officers, when part of a Society’s governing body, owe a fiduciary duty to the Society and must avoid conflicts of interest.
- The Court reiterated that the definition of “State” under Article 12 includes societies where the government has a substantial role, making them amenable to writ jurisdiction.
Important Facts
1. The case involved the HEWO, which had a governing body comprising both elected members and government officials.
2. The petitioners argued that the Society, being a quasi‑governmental entity, should be subject to the writ jurisdiction of the High Court under Article 226.
3. The High Court held that the Society fell within the ambit of “State” as per Article 12, a view the Supreme Court later affirmed.
Exam Relevance
• Article 12 and