public bodies under writs

A quo warranto lies against a person who claims an office,franchise or liberty to inquire by what authority he supports his claim in order that the right to the office or franchise might be determined. The following are the essential conditions of its applications.

1. The office must be held under the government or have been created by the government either by statue or Charter, and does not lie to private institutions unless the statue itself cover private offices of civil character.

2. the duties of the office must be of a public nature.

3.The office must be substantive in character, that is, an office independent in title or in other words the holder of the office must be an independent official not one discharging the functions of a deputy or servant who is removable at pleasure by the employer without intervention of the court. If the office be of very small nature the court may refuse tro grant the information.

4.the office should be in fact full, that is to say, the court shoulds be satisfied that the person proceded against has been in actual possession and user of the office in question. A mere clim to be admitted to the office is not sifficient. Nor is an acceptance of the office which is merely conditional as where the defendant announces his intention of not exercising an office which he has been elected until he is free of an incompatible office held by him.

5.Resignation of the office in question, aftera rule nisi for an information in the nature of a quo warranto has been obtained, will not prevent the rule being made absolute.

6.Where the statutory provisions have created a specefic remedy in cases within their scope the  procedure by way of quo warranto will not lie. If for instance it is provided by the statue that the election to municipal office is tro be questioned by an elecrion petition, an information in the nature of qup warranto will not lie.

7. That the office is held during the pleasure of the government, is no ground for refusal of the writ.

                        QUO WARRANTO  can not be issued as a mater of course. It is in the discretion of the court to refuse or to grant it according  to the facts and circumstances of the case. It can also be issued at the instance of any private person even though he is not seeking enforcement of any legal right of his or any legal duy towards him.

THANX ASSUMI SIR, THIS IS REALY HELPFULL U OUR KNOWLEDGE.

WITH REGARDS,

MISS. SMITH SHARMA[LAWYER]

QUO  WARRANTO  -----Bengali poem- DIN JATHA JAY DUR TIRTHA DARASANE___means a poor man going for pilgrimage with the help of a rich man----remembrances to mr Assumi.broadly speaking the quo warranto proceeding affords a judicial enquiry in which an indipendent public officeor franchise or liberty is called upon to show at what right he holds the said office-.if the inquiry leads to the finding that the holder of the office has no valid title to it,the issue of the writ ofquo  warranto ousts himfrom that office.inother words the procedure of quo warrantoconfers jurisdiction and authorityon the judiciary to control executive action in the matter of appoint of publicoffices against the statutory provisions,it also protects acitizen from being deprieved of public office to which he may have a right.it is clear that before a citizen can claim a writ of quo warranto,he must satisfy the court inter alia,that the office in question is a public office and is held by usurper without legal authotity,and that necessarily leads to the enquiryas to whether the appointment of the said allegedusurperhas been made inaccordance with lawor not.---University of Mysore vs C D Govinda Rao,AIR1965sc494

Tanx Smith and dr.