Quo Warranto
/kwoh wuh-RAN-toh/
By what authority — a writ challenging a person's right to hold a public office or exercise a public franchise.
Full Definition
Quo warranto (Latin: 'by what warrant/authority') is a writ that calls upon a person who holds or claims a public office to show the legal authority by which they hold or exercise it. If they cannot justify the authority, the court declares the office vacated. It lies only for public offices created by statute or the Constitution — not private or corporate offices. Unlike other writs, quo warranto can be filed by any member of the public (any person), not just someone with a personal interest.
In Indian Law
Available under Article 226 (High Court) and arguably under Article 32. The Supreme Court in University of Mysore v. C.D. Govinda Rao (1964) held quo warranto lies to examine eligibility for appointment to statutory posts. Notable use: challenging the appointment of a Chief Minister who doesn't command majority, or a person appointed to a constitutional post without meeting eligibility criteria.
Landmark Cases
University of Mysore v. C.D. Govinda Rao (1964) — Quo warranto for statutory post
Frequently Asked Questions
Can any person file a quo warranto petition?
Yes — unlike most writs (which require locus standi), quo warranto can be filed by any person since it concerns a public office. Courts have discretion to refuse if the petition is frivolous or mala fide.