What is the writ of quo-warranto and when it is issued by the Hon’ble High Court?
Quo-warranto means “by what authority”. Quo-warranto proceeding affords judicial inquiry in which any person holding independent substantive public office is called upon to show by what authority or right he holds the said office and if the inquiry leads to findings that the holder of the office has no authority or title to it, a writ of Quo-warranto is issued for ousting him from that office.
Before issuing a writ of Quo-warranto the court must be satisfied that the office in question is a public office and it is held by usurper without legal authority.
Who may file a writ of Quo-warranto ?
A writ of Quo-warranto may be applied at the instance of any person even who has no personal or special interest. He may be a stranger. This is an exception to the general rule of locus standi applicable in the case of mandamus.