Write a short note on writ of 'Quo Warranto'.

The writ of Quo Warranto enables enquiry into the legality of the claim which a person asserts, to an office or franchise and to oust him from such position if he is a usurper. The holder of the office has to show to the court under what authority he holds the office. It is issued when: (i) the office is public and of a substantive nature, (ii) created by statute or by the Constitution itself, and (iii) the respondent has asserted his claim to the office. It can be issued even though he has not assumed the charge of the office. The fundamental basis of the proceeding of Quo Warranto is that the public has an interest to see that an unlawful claimant does not usurp a public office. It is a discretionary remedy which the court may grant or refuse.