quo warranto

Quo warranto is issued under Article 32 or 226 to oust a person who usurps a public office without legal authority. The court asks whether the office is a public one created by the Constitution or a statute, of a substantive character, and whether the holder was qualified and validly appointed. If not, the court declares the office vacant.

Because the writ protects the public from usurpers, the petitioner need not have a personal interest; any person may apply, provided he is not acting for a mala fide motive. It does not lie for private offices, such as office-bearers of a private society, or for purely contractual positions. Delay and acquiescence may defeat it.

Example

A writ of quo warranto was issued against the vice-chancellor whose appointment violated the statutory qualifications.

In Indian law

• University of Mysore v. C.D. Govinda Rao, 1963 INSC 179: conditions for issuing quo warranto
• Articles 32 and 226, Constitution of India

See also

writ · mandamus · certiorari · office of profit

Read more in the study notes

• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Articles 32 and 226: constitutional remedies, the writs and PIL (Constitutional Law I)
• The Supreme Court and the High Courts (Constitutional Law II)
• Writ petitions under Articles 32 and 226 (Drafting, Pleading and Conveyance)
• India: the judiciary and the party system (Political Science - Major World Governments)
• Constitution: meaning, importance, classification and the conditions of a good constitution (Political Science - Organisation and Institution)