Question
Which of the following statements is wrong to issue Writ of Quo warranto ?
The correct answer is
It is necessary for the petitioner to show that he himself suffered a personal injury nor it is necessary to show that he is seeking redress of a personal grievance
Writ of Quo Warranto Overview
A Writ of Quo Warranto is a legal order used to challenge a person's right to hold a public office. It questions the legal authority under which an individual occupies a position.
Analyzing Statements on Quo Warranto Issuance
- Statement 1: "The office in question should be a public office" - This is a fundamental prerequisite for issuing a Writ of Quo Warranto. The writ specifically targets public offices. Therefore, this statement is correct.
- Statement 2: "The office should be held by a usurper without legal authority" - This condition is central to the purpose of Quo Warranto. The writ is issued precisely to address situations where someone might be unlawfully holding a public office. Therefore, this statement is correct.
- Statement 3: "The petition is barred by res-judicata" - Res judicata, meaning a matter already decided by a court, can prevent subsequent litigation on the same issue. If the right to hold the office has already been judicially determined, a new petition might be barred. This reflects a valid procedural constraint on issuing the writ. Therefore, this statement is correct.
- Statement 4: "It is necessary for the petitioner to show that he himself suffered a personal injury nor it is necessary to show that he is seeking redress of a personal grievance" - This statement incorrectly asserts a requirement for issuing the writ. Under the principles governing Quo Warranto, a petitioner generally does not need to demonstrate that they have suffered a personal injury or are seeking to redress a personal grievance. The focus is on the legality of the respondent's holding of the public office. The assertion that showing personal injury is necessary is factually wrong in the context of Quo Warranto.
Conclusion on Incorrect Statement
The statement that is wrong concerning the issuance of a Writ of Quo Warranto is the one asserting the necessity for the petitioner to show personal injury. The Writ of Quo Warranto does not mandate that the petitioner prove personal harm or grievance.
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Important Questions from Constitution Law
- Which criteria are used in legislations for treating juveniles differently from young adults?
(a) Physical development
(b) Economic development
(c) Intellectual development
(d) Socio emotional development
Select the most suitable option : - Read Assertion (A) and Reason(R) and answer using the codes given below :
Assertion (A) : The writ of Habeas Corpus can be granted to enable the detainee to argue his case in person.
Reason (R) : Because R Vs. Secretary of State for Home Department ex parte Wynne (1992) decided so.
Codes : - Which of the following are matched incorrectly ?
i. Habeas Corpus – ‘To produce the body’
ii. Quo warranto – ‘Issued to a lower court to stop proceedings in a case’.
iii. Prohibition – ‘Issued to a lower court quashing a decision or order’
iv. Mandamus – ‘Commands a person to perform a public duty’. - Read Assertion (A) and Reason (R) to answer using codes given below :
Assertion (A) : One of the two Acts enacted under List I Entry 66 and the other under List III Entry 25 can be repugnant to each other.
Reason (R) : Because in Annamalai University Vs. Secretary of Inf. and Tourism Department decided so.
Codes : - Read Assertion (A) and Reason (R) and answer using the codes given below :
Assertion (A) : The power under 368 of the Constitution is a constituent power subject to the constitutional scheme as to distribution of legislative power according to entries in the Seventh Schedule.
Reason (R) : Because Sasanka Sekhar Maity Vs. Union of India decided so.
Codes :
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