Which of the following statements are correct regarding the writ lsquo Quo Warranto rsquo 1 It preve...........

Indian Polity Judiciary

Download Solution PDF

Which of the following statements are correct regarding the writ ‘Quo-Warranto’:

1. It prevents illegal usurpation of public office by a person.

2. It cannot be issued in case of Ministerial office or private office.

3. This can be sought by any interested person and not necessarily by the aggrieved person.

Select the code from following:

1&2 only

1&3 only

2&3 only

All the above

छोटे Courses बड़े Results

Master Judiciary

Prepare through Micro-courses

Try Now

Explanation:

Quo-Warranto
In the literal sense, it means ‘by what authority or warrant’. It is issued by the court to enquire into the legality of claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person.
The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office. Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person.
THINK!
•Writ jurisdiction of High Court and Supreme Court
•Soul of Constitution