Writ of Quo Warranto

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Writ of Quo Warranto

Unread postby Admin » Thu Nov 29, 2012 11:54 am

Writ of Quo Warranto

Writ of Quo Warranto is to inquire from a person the authority of law under which he purports to hold public office. And it is primarily inquisitorial and not adversarial for the reason that a a relator need not be a person aggrieved but also that while a person is holding a public office wihtout any lgal warrant he is taxing public exchequer besides causing injury to others. who may be entitled to that office.This is called writ of quo warranto. writ of quo warranto can be moved by any person who even amy not be an aggrieved party to challenge the unauthorized occupation of a public office.

Question of limitation or laches doest not apply in these cases of quo warranto as courts cannot allow to perpetuate the usurper to continue in a public office. Unlawful holding of a public office is a continuing wrong, which can be called in question by any party at any time. Furthermore, a constitutional petition cannot be dismissed on the ground of laches without examining dictates of justice in claim of each party, in addition to each party, in additional to examination of law and jurisdictional point involved in the petition.
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