Which among the following conditions are necessary for the issue of writ of quo warranto 1 The offic...........

Constitutional Law FR, DPSPS and Duties

Which among the following conditions are necessary for the issue of writ of quo warranto?

1. The office must be public and must be created by a Statute or by the Constitution itself.

2. The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another.

3. There has been a contravention of the constitution or a Statutory Instrument, in appointing such person to that office.

Select the correct answer using the code given below:

Code:

1 and 2 only

1 and 3 only

2 and 3 only

1, 2 and 3

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Explanation:

- Statement 1: The office must be public and created by a statute or the Constitution itself. This is required to file a writ of quo warranto. The writ is meant to challenge an individual's right to hold a public office.

- Statement 2: The office must be a substantive one, not merely an employment position at the will of another. This ensures that the position has legal backing and public responsibilities.

- Statement 3: There should be a violation of the Constitution or a statutory document when appointing a person to that office. This is crucial for questioning the legitimacy of the appointment.

- Correct Answer: Option 4: 1, 2, and 3.