By Aditya Singh Raghav
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The term quo warranto means “by what authority”. This writ is issued to prevent the individual from holding a public office which he is not authorized to hold. It is issued to restrain an individual from holding a public office to which he is not entitled. For example, a 62-year old person has been appointed to fill a public office where the upper age limit is 60 years, then quo warranto can be issued against such person by the High Court.
Who can file for quo warranto?
Any person who is not an aggrieved person or interested in the matter can file for quo warranto.
When can quo warranto be issued?
• The office in question is a public office
• A person should be holding such public authority without being legally qualified to do so
• Public office should be permanent in nature and must have been created by constitution or statues
When can quo warranto not be issued?
• Against private offices
• A person not holding a public office
In Jamalpur Arya Samaj Sabha vs Dr. D. Ram (AIR 1954 Pat 297), the Court held that writ of Quo warranto cannot be issued against a private association. So when any office is not of public nature than quo warranto will not lie. When quo warranto is issued, legal proceedings take place where an individual’s right to hold the public office is challenged and the person accused of holding office illegally has to explain by what authority he is holding that office.
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Aditya is a 2nd year law student at National Law University Delhi. An adventurous person, he actively participates in sports activities and loves to go trekking. He is a football fan and you can easily find him discussing football matches with his friends. His interests include Commercial Law, Constitutional Law, Criminal Law and Competition Law.
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