Quo Warranto - Definition - Law Dictionary Home Dictionary Definition quo-warranto

Definition :

Quo warranto, a writ issuable out of the King's Bench Division of the High Court of Justice, in the nature of a writ of right for the Crown against him who claims or usurps any office, franchise, or liberty to inquire 'by what authority' he supports his claim, in order to determine the right. It lies also in case of non-user or long neglect of a franchise, or mis-user or abuse of it, whereby it is forfeited.

This proceeding was, until 1872, the one generally adopted for the purpose of trying the right to be elected to municipal offices, but the (English) Corrupt Practices (Municipal Elections) Act, 1872, by s. 12, replaced by the (English) Municipal Corporations Act, 1882, s. 87 [see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of bribery, etc., disqualification, or undue return. By s. 84 of the Act of 1933, proceedings must be instituted within six months. See also Crown Office Rules, 1906, rr. 40-43.

As to procedure on quo warranto generally, see Crown Office Rules, 1906, rr. 43-48 and 123, 124. An application in the nature of quo warranto must be made by counsel; it cannot be made by an applicant in person, Re a Solicitor, (1903) 2 KB 205.

If the defendant be adjudged guilty of an intrusion or usurpation, the Court may give judgment of ouster against him, fine him, and ordr him to pay costs to the relator. See Com. Dig., tit. 'Quo warranto'; Shortt and Mellor's Crown Office Practice; Corner's Crown Practice.

The quo warranto proceeding affords a judicial remedy by which any person, who holds an independent substantive public office or franchise or liberty, is called upon to show by what right he holds the said office, franchise or liberty, so that his title to it may be duly determined, and in case the finding is that the holder of the office has not title, he would be ousted from that office by judicial order. In other words, the procedure of quo warranto gives the Judiciary a weapon to control the Executive from making appointment to public office against law and to protect a citizen from being deprived of public office to which he has a right. These proceedings also tend to protect the public from usurpers of public office, who might be allowed to continue either with the connivance of the Executive or by reason of its apathy, University of Mysore v. C.D. Govinda Rao, AIR 1965 SC 491: (1964) 4 SCR 575. (Constitution of India, Art. 226)

Quo warranto, proceeding affords a judicial enquiry in which any person holding an independent sub-stantive public office, or franchise or liberty is called upon to show by what right he holds the said office franchise or liberty, University of Mysore v. C.D. Govinda Rao, AIR 1965 SC 494.