When can quo warranto be used?

The words quo warranto means “what is your authority”. It is the writ issued to restrain a person from acting in a public office to which he /she is not entitled. It is issued against the holder of a public office to show to the court under what authority he holds the office.

Conditions under which Quo Warranto can be used:

  • The office must be a public one and it must be created by the constitution.
  • It must be a substantive one.
  • There must be a contravention in the constitution in appointing the person for that office.

If the court finds that a person is holding an office for which he/she is not entitled or to a person who is performing a function for which he/she is not lawfully entitled to, the court may stop that person from holding that office and exercising that function.

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