Civil Procedure Code (CPC)

quo warrento


what is quo warrento?
 
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Article 32 and 226 of the Indian Constitution empowers Supreme Court and High Court respectively, to issue writs for the enforcement of any Fundamental Right Guaranteed under the Part III of the Constitution.

Quo-Warranto is one of those writs: “Quo Warranto” literally means “by what authority”?

It gives the court power to ask a person to explain by what authority is he holding the public office, the court will restrain a person from holding a public office to which he is not entitled.

Conditions:

  • The office must be wrongfully acquired and should be a public office.
  • The office is created by the constitution or by any other statute.
  • The term of the office must be continuing, and should not be terminable at anyone’s pleasure.
  • The writ against whom is issued should be in actual possession and using such an office.

In the case of K. Bheema Raju v. Govt, of A.P., the court ruled against the appointment of a government pleader as the procedural rules for this were not followed in the prescribed manner.

 
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Student

 Hello, Greetings of the day!  

Constitution lays down the provisions of writ jurisdiction where the aggrieved party can directly approach the court against any individual if there is an infringement of fundamental rights. Article 32 and 226 of the constitution lay down five writs through which any person can approach the court. Article 32 deals with Supreme Court and 226 deals with High Court.  

Quo warranto is one of the writs which translates to what is your authority. This writ is issued by the court against a private person when he assumes an office over which he has no right. It can be issued only in the following conditions:  

  • Office which has been assumed by the private person is a public office  

  • The office is constituted either under the constitution or any statute  

  • term of the office must be permanent and it should not be terminable at any person or authority’s pleasure.  

  • The person against whom the writ is brought should be in actual possession of the office and using it without any authority  

  • This writ can also be used in cases where the person is disqualified from the office but is still holding the office  

In Jamalpur Arya Samaj Sabha v. Dr. D Rama, the writ was made by the petitioner against the Working Committee of Bihar Raj Arya Samaj Pratinidhi Sabha which was a private body. The court refused to issue the writ as it was a public office   

Best Regards,      

Vasundhara Singh     

Law Student     

 
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