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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
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.
Related Cases / Recent Cases / Case Law
- DC Jain v University of Jodhpur, AIR 1977 Raj 89
- Dr Het Ram Kalia v Himachal Pradesh University, AIR 1977 Him Pra (NOC) 246 is a case about irregular appointment, Quo Warranto, Writ under Article 226 of Constitution of India, application of Res judicta and treatment of writs when delay and laches exits particularly when a continuing wrong exits.
- Niranjan Kumar Goenka v University of Bihar and Others, Muzzafarpur, AIR 1973 Pat 85: The Patna High Court held that writ in the nature of quo-warranto cannot be issued against a person not holding a public office.