Definition and Meaning of Quo Warranto
The Quo-Warranto is a warrant that is issued by the Court to someone whose authority in a public office is questionable. It is a type of legal action used to determine whether a specific person has the legal right to hold the public office that he or she currently holds.
- Quo warranto is used to determine a person's legal right to hold a position, not to assess the person's performance in the position.
- In view of checking the righteousness of a public official, Quo-Warranto is brought into use.
- If a Court finds that the concerned person who is holding office is not actually entitled to hold that office, it issues a 'writ' of Quo-Warranto and prohibits the person from holding that position.
- A prerogative writ requires the recipient to demonstrate their legitimacy before exercising any rights, powers, or franchises they claim to possess.
- The phrase 'Quo-Warranto' seldom appears in the statutes today, but the term is still used.