CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws
A State government officer is holding a public office without satisfying the legal qualifications prescribed for it. A citizen wants the High Court to examine the legality of his holding the office and oust him. Which writ is the appropriate remedy?
The appropriate writ is quo warranto. It requires a person to show by what legal authority he holds a public office, and the court can oust him if he lacks the qualifications. The other writs deal with detention, performing duties or quashing decisions.
- AHabeas corpus
- BQuo warrantoCorrect
- CMandamus
- DCertiorari
Explanation
Quo warranto asks by what authority a person holds a public office. It lies where the office is public, statutory or constitutional, and the holder lacks the legal qualification or right. Mandamus commands performance of a duty, certiorari quashes a decision of a lower body, and habeas corpus concerns unlawful detention.
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