Question

The purpose of writ of 'Quo Warranto' is?

• A. To compel public authority to perform duty
• B. To restraint public authority to do illegal act
• C. To oust illegal occupant of a public post
• D. All of the above

Hint:

Remember the purpose of the five writs: \[\begin{array}{rl} \bullet & \text{Habeas Corpus: "Produce the body" (release from illegal detention).} \\ \bullet & \text{Mandamus: "We command" (compel a public duty).} \\ \bullet & \text{Prohibition: "To forbid" (stop lower court from exceeding jurisdiction).} \\ \bullet & \text{Certiorari: "To be certified" (quash an order of a lower body).} \\ \bullet & \text{Quo Warranto: "By what authority?" (challenge the holding of a public office).} \\ \end{array}\]

Answer 1

The Correct Option is C

The writ of 'Quo Warranto' literally translates to "by what authority?". It is a judicial remedy used to challenge a person's right to hold a public office. The court issues this writ to inquire into the legality of the claim which a person asserts to a public office. If the claim is found to be invalid, the court can oust the person from that office. Options (A) and (B) describe the writs of Mandamus and Prohibition/Certiorari, respectively. The specific purpose of Quo Warranto is to prevent the usurpation of a public post.