Quo Warranto
LITERAL MEANING
“by what warrant?”
ORIGIN
Latin
EXPLANATION
The writ of quo warranto an order issued by authority of the king It was one of the most ancient and important writs. Quo warranto is a writ or a legal action requiring a person to show by what warrant an office or franchise is held, claimed, or by demanding to know by what authority or right it is doing what it is doing.
It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold. A writ quo warranto is used to challenge a person’s right to hold a public or corporate office. A state may also use a quo warranto action to revoke a corporation’s charter.
If the court finds the proof insufficient, the respondent must cease to exercise the power. The burden of proof lies on the respondent. In India, the above writ is issued by the Supreme Court under Article 32 and by the High Court under article 226 of the Constitution of India.
ILLUSTRATION
For ex- A person of 62 years has been appointed to fill a public office whereas the retirement age is 60 years. Now the appropriate High court has a right to writ of quo warranto against that public official and also can issue a warrant.
CASE LAWS
In The University Of Mysore And Anr vs C. D. Govinda Rao And Anr
The Supreme Court of India observed that the quo warranto proceeding gives the judiciary a weapon to control the Executive from making appointments to public office against law and to protect a citizen from being deprived of public office to which he has a right.
B.R. Kapoor vs the State of Tamil Nadu And Anr
The Supreme Court of India held that “Quo Warranto is a writ which lies against the person, who according to the relator is not entitled to hold an office of public nature and is only a usurper of the office. It is the person, against whom the writ of quo warranto is directed, who is required to show, by what authority that person is entitled to hold the office.”
Also Read: Animus Nocendi
