Tuesday, 2 December 2014


It is a Latin term which means ' What is your authority or show your authority '. On issue of this WRIT the person concerned is called upon to show the Court that by what authority he holds the office or the authority.
If the holder has has no authority, he will be ousted from the enjoyment or he has to leave the position right away.

The MAIN OBJECT of the WRIT of Quo-Warranto is to control the executive action in matter of making appointment of public offices against the relevant statutory provision.

The following conditions must be fulfilled:

1. Nature of the office must be public: means the office which is in question must be a public office i.e. an office in interest of public.

2. The office must be of substantive characters: means the office in question must be an independent office with an independent official.

3. The office must be statutory or constitutional: means the writ must be in respect of the offices of prime minister, advocate general, judge of high court, members of municipal body etc.

4. The holder must have asserted his claim to the office or to such authority.


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