WRIT OF QUO WARRANTO - Indian Laws - General

WRIT OF QUO WARRANTO Quo warranto is a judicial remedy against an intruder or usurper of an independent substantive public office or franchise or liberty. The usurper is asked by what authority (quo warranto) he is in such office, franchise, or liberty. A writ of quo warranto thus poses a question to the holder or occupier of a public office, and that question is: Where is your warrant of appointment by which you are holding this office? If the answer is not satisfactory, the usurper can be ousted by this writ. The writ of quo warranto is an ancient Common Law remedy of a prerogative nature. It was a writ of right used by the Crown against a person claiming any office, franchise, or liberty to inquire by what authority he was in the office, franchise of liberty. In case his claim was not well founded or there was non-use, neglect, misuse, or abuse of the office, he was to be ousted. Quo warranto is a writ that lies against a person who usurps any franchise, liberty, or office. In Corpus Juris Secundum, quo warranto is defined thus; Quo warranto is a proceeding to determine the right to the exercise of a franchise or office and to oust the holder if his claim is not well founded, or if he has forfeited his right. Blackstone, states: The ancient writ of quo warranto was in the nature of a writ of right for the King against any office, franchise or liberty of the Crown to inquire by what authority he supported his claim, in order to determine the right. Quo warranto is a remedy or procedure whereby the State inquires into the legality of the claim which a party asserts to an office or franchise, and to oust him from its enjoyment if the claim be not well founded, or to have the same declared forfeited and recover it, if, having once been rightfully possessed and enjoyed; it has become forfeited for mis-user or non-user. In B.R. Kapur v. State of T.N. and Another- 2001 (9) TMI 1122 - SUPREME COURT , after referring to Halsbury 's Laws of England, Words and Phrases and leading decisions on the point, it was observed that- a writ of quo warranto is a writ which lies against the person who is not entitled to hold an office of public nature and is only a usurper of the office. Quo warranto is directed to such person who is required to show by what authority he is entitled to hold the office. The challenge can be made on various grounds, including the ground that the possessor of the office does not fulfill the required qualifications or suffers from any disqualification, which debars him to hold such office. It was further stated that on being called upon to establish valid authority to hold a public office, if such person fails to do so, a writ of quo warranto shall be directed against him. It shall be no defence by the holder of the office that the appointment was made by the competent authority, who under the law is not answerable to any court for anything done in performance of duties of his office. The question of fulfilling legal requirements and qualifications necessary to hold a public office would be considered in the proceedings independent of the fact as to who made the appointment and the manner in which the appointment was made. [DR. PREMACHANDRAN KEEZHOTH- 2023 (11) TMI 1289 - SUPREME COURT (LB)]