Question

Write a short note on Quo-warranto

Answer 1

Literal­ly meaning “By what authority”, it is a high prerogative writ and the information in the nature of quo warranto lies against a person who claims or usurps any office, franchise or liberty, to inquire by what authority he supports his claim in order that the right to the office or franchise might be determined.

The object of this writ is to determine the right of a person to hold a particular public office. Such a person is asked to show what is the authority under which he is holding that office.

The person against whom the writ is issued must be in actual occupation of the office. Which office must be a permanent one created by a valid law whose duties is of a public nature?

The person who applies for the writ must show what interest he has in the office with reference to which the writ is sought. If the office is of a public nature it is not necessary that the person who ap­plies for the writ must show any infringement of his right.

Answer 2

There are five type of writs Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo warranto.

Quo Warranto is a writ issued by any court against a person.

The meaning of Quo Warranto is ""by what warrant or authority"".

This is to be issued on people who use a property like a place, office or building with not enough evidence of lease or registration.

When such a writ is issued they have to submit a piece of proper evidence to the court.