De facto, doctrine of

Common and pre-dominant feature of de facto doctrine is in relation to exercise of power by holder of the public office, when it is found to be not legally entitled to exercise or perform such power of public office

Such exercise of power is saved on principle of de facto doctrine on the sound principles of public policy and to maintain regularity in conduct of public business and to save the public from confusion and to protect the right which a person may have acquired as a result of exercise of power by holder of public office not entitled to perform or exercise such power

Necessary ingredients for de facto exercise of power by the holder of public office is that the office should exist in the first place

If there is no public office in existence then there is no concept in law of holder of public office

Holder of public office will remain until the public office remains

Where there is no public office in existence, there remains nothing on which de facto doctrine could be applied.

Common and pre-dominant feature of de facto doctrine is in relation to exercise of power by holder of the public office, when it is found to be not legally entitled to exercise or perform such power of public office

Such exercise of power is saved on principle of de facto doctrine on the sound principles of public policy and to maintain regularity in conduct of public business and to save the public from confusion and to protect the right which a person may have acquired as a result of exercise of power by holder of public office not entitled to perform or exercise such power

Necessary ingredients for de facto exercise of power by the holder of public office is that the office should exist in the first place

If there is no public office in existence then there is no concept in law of holder of public office

Holder of public office will remain until the public office remains

Where there is no public office in existence, there remains nothing on which de facto doctrine could be applied.

De facto doctrine was an established principle invoked by the superior courts to bring regularity and prevent confusion in the conduct of public business which may be created by persons not legally entitled to perform such duties yet when such persons had continued to do so without any objection.

Illegality in appointment of Public Officer would not per se vitiate any order passed by him and that no such illegality could be allowed to be questioned in collateral proceedings.

Doctrine of de facto is based on higher consideration of public policy and is calculated to ensure continuity to avoid dislocation and to prevent confusion in the conduct of public affairs on the one hand, and the safeguard of public and private rights emerging from the de facto act of- officer performing functions of the State in the ordinary course, on the other

Doctrine of de facto is a well recognized rule embedded in the jurisprudence

Under the doctrine of de facto, bona fide acts in public interest performed by persons assuming authority, which turn out to be illegal, are assumed to have been performed by a de jure authority/person and are binding

Acts of officers de facto performed by them within the scope of their assumed official authority in the interest of public or third person and not for their own benefit, are generally as valid and binding as if they were the acts of officers de jure.

De facto, doctrine of De facto doctrine is intended to avoid confusion which may be created by acts of officers and persons not legally entitled to perform such duties and have in fact continued to do so without any objection.

Doctrine of de facto has no application to a person who has not been appointed to a post and starts functioning without any order, valid or invalid

Coram non judice functions performed by such a person would not qualify for validation under the de facto doctrine.