Understanding the Writ of Quo Warranto: Legal Principles and Landmark Case Laws

Quo Warranto:

In the literal sense, it means 'by what authority or warrant'. It is issued by the court to enquire into the legality of claim of a person to a public office. The object of the writ of quo warranto is to prevent a person to hold an office which he is not entitle to hold.

When the writ can be issued:

  • An illegal usurpation of public office by an unauthorised person.
  • The office in question is of public nature and not of private nature.
  • The person proceeded against has been in actual possession and is the user of particular office in question.

The writ of quo warranto is not issued in respect of an office of a private character.

Related case laws:

  • Jamalpur Arya Samaj Sabha vs Dr. D. Ram – The High Court refused to issue a writ of quo warranto against the members of the working committee of the Bihar Arya Samaj Sabha, a private association.
     
  • Y.S. Rajasekara Reddy vs Raja Chandrababu Naidu – The Andhra Pradesh High Court laid it down that a quo warranto cannot be issued seeking dismissal of the CM of a state on the ground of non-performance of a constitutional duty.
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