nidhi123 12 May 2020

quo warranto

is there a appeal provision for the defendant in a writ of quo warranto?

Quick Summary

This discussion addresses whether a defendant has appeal provisions in a writ of quo warranto case. While the primary purpose of quo warranto is to verify legal entitlement to a public office, it's clarified that this writ is not a substitute for an appeal. Legal precedent suggests that quo warranto is specifically for preventing usurpation of power, not for reviewing the improper exercise of lawfully possessed power.

3 Replies

P. Venu (Advocate) 12 May 2020

What are the facts? What is the context?

nidhi123 12 May 2020

the context doesn't matter. the purpose of it is to prove that a public servant holds the position through legal means. if he can't prove it, what's the point in allowing a appeal

Shreya Saxena (Student at Faculty of Law Banasthali Vidyapith Rajasthan.) 12 May 2020

Ma'am,

You can refer to the case of Sanjay Kumar v/s The state of Bihar [Civil Writ Jurisdiction Case No.7983 of 2017] wherein it was opined by the hon'ble bench that the writ of „quo warranto‟ is not a substitute for mandamus or injunction nor for an appeal or writ of error, and is not to be used to prevent an improper exercise of power lawfully possessed, and its purpose is solely to prevent an officer or corporation or persons purporting to act as such from usurping power.