The Writ of Quo Warranto
The writ of quo warranto is a common law process of great antiquity. According to this, the High Courts or the Supreme Court may grant an injunction to restrain a person from acting in an office to which he is not entitled and may also declare the office to be vacant.
What the Court has to consider in an application for a writ of quo warranto is whether there has been usurpation of an office of a public nature and an office substantive in character, i.e., an office independent in title. It is a remedy given by law at the discretion of the Court and is not issued as a matter of course.
An application for the issue of a writ of quo warranto is maintainable only in respect of offices of public nature which are the creation of statute and not against private institutions. In the case of domestic tribunals the order of the tribunal will not be disturbed unless it is attacked on the ground of bonafides or vires.
Thus, it has been held that a member of a Legislative Assembly has every right to know by what authority the Speaker of the body functions as such, if he bonafide thinks that the Speaker holds his office without authority and the application for a writ of quo warranto is maintainable.
