CS Executive · Jurisprudence, Interpretation and General Laws · Constitution of India
A public official is holding a post for which he does not satisfy the statutory eligibility qualifications. Raman wants a court order asking the official by what authority he holds the office. Which writ is appropriate?
Quo warranto is the appropriate writ. It requires a person holding a public office to show by what authority he holds it, and the court can oust him if he lacks the legal qualification. Mandamus only compels performance of a duty.
- AQuo warrantoCorrect
- BMandamus
- CCertiorari
- DHabeas corpus
Explanation
Quo warranto challenges a person's right to hold a public office, asking by what authority he holds it. Mandamus commands performance of a public duty, certiorari quashes orders of a lower tribunal, and habeas corpus secures production of a detained person.
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