Quo Warranto

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Locus standi: A Prerogative Writ of Quo Warranto (What is your authority?) that can be filed by any person against the appointment of a person to a public office irrespective of whether or not he has personal interest in it.

It is used to show to the Court under what authority he holds that office.

Nature and Scope

Historical growth

Invocation of Writ of Quo Warranto

Grounds for Writ of Quo Warranto

  • Office must be a public office
  • Public office must have an independent and substantive character
  • Public office must be statutory or constitutional
  • Writ can be issued in respect of offices of Prime Minister, Chief Minister, Advocate General, Judge of a High Court, President of Zilla Parishad, Speaker of Parliament or State Legislature, University officials etc.
  • No Locus standi is necessary. It can be raised by way of a Public Interest Litigation.

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