Writ Of Quo-Warranto
The word Quo-Warranto literally means "by what warrants?" It is a writ issued with a view to restraining a person from acting in a public office to which he is not entitled. Quo Warranto writ is issued against the person of public who occupies the public seat without any qualification for the appointment. It is issued to restrain the authority or candidate from discharging the functions of public office. For example, a person of 65 years has been appointed to fill a public office whereas the retirement age is 60 years. Now, the appropriate High Court has a right to issue a Writ of quo-warranto against the person and declare the office vacant.
The writ of quo-warranto to issue when:
The office is public and of substantive nature;
The office is created by the State or by the Constitution itself; and
The respondent must have asserted his claim to the office.
The vaults of Sree Padmanabhaswamy Temple, Kerala was opened in accordance with the quo warranto petition filed by the former IPS officer and Supreme Court lawyer, T.P. Sundara Rajan.
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