- In ‘Manzoor Hussain Gillani vs. S.M Lone’ ((1992 MLD 2424) a case of quo warranto delay was considered as a circumstance which lent support that the writ petition was actuated by malice. However, it was opined in that case that mere delay in filing a writ of quo warranto is not fatal to it especially so when the interpretation of the provisions of the Constitution is involved — The question as to whether the delay in the instant case can be read as a supportive evidence to draw an inference of mala fide, cannot be gone into at this stage in view of the circumstance of the case, as it is to be ascertained after the resolution of controversial facts as to whether the respondent was reluctant to administer oath of the office to the members of the Assembly due to mala fide. Azad Government v. Sahibzada Ishaque Zafar 1994 SCR 323 (D)
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