Write notes on Writ of Quo-Warranto.

Quo-warranto means "by what authority or warrant". It is issued by the Supreme Court and High Court in exercise of power respectively under Article 32 and 226 of the Constitution of India to enquire into the legality of claim of person to a public office. The holder of the office has to show to the court under what authority he holds the office. This writ is issued when; The office is of a public and of a substantive nature, The office is created by a Statue or by the Constitution itself, and The respondent must have asserted his claim to the office. It can issue even though he has not assumed charge of the office. The fundamental basis of the proceeding of Quo-warranto is that the public has interest to see that no unauthorised person usurps a public office. It is a discretionary remedy which the Court may grant or refuse. When an application challenge the validity of an appointment to a public office, it is maintainable whether or not any fundamental or other legal right of such person has been infringed. This writ is intended to safeguard against the usurpation of public office.