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Question

Which among the following conditions are necessary for the issue of writ of quo warranto?
1. The office must be public and must be created by a Statute or by the Constitution itself.
2. The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another.
3. There has been a contravention of the constitution or a Statutory Instrument, in appointing such person to that office.
Select the correct answer using the code given below:

A
1 and 2 only
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B
1 and 3 only
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C
2 and 3 only
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D
1, 2 and 3
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Solution

The correct option is D 1, 2 and 3
Option D is the correct answer as all the conditions are necessary. The term Quo Warranto means “by what authority or warrant”. It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.

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