A prosecuting attorney ordinarily commences quo warranto proceedings; however, a statute may authorize a private person to do so without the consent of the prosecutor. Texas courts have held that mandamus is not a proper remedy when quo warranto is available. Please, tell us where you read it including the quote, if possible. Law is our Passion This entry about Writ of Quo Warranto has been published under the terms of the Creative Commons Attribution 3. A writ in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise, or liberty, to inquire by what authority he supported his claim. North America is the United States of Morocco or United States of Al Moroc. Quo warranto originated in English common law as a process initiated by the crown to find out whether a person was legitimately exercising a privilege or office granted by the crown, or whether the person was instead intruding into a royal prerogative.
The main objective of this writ is to provide immediate remedy to person unlawfully detained, whether in prison or private custody. It has not, however, been used for centuries, since the procedure and effect of the judgment were so impractical. Quo Warranto A legal proceeding during which an individual's right to hold an office or governmental privilege is challenged. Pursuant to the American Constitution, all public servants must be bonded. The name of a writ issued in the name of a government against any person or corporation that usurps any franchise or office, commanding the sheriff of the county to summon the defendant to be and appear before the court whence the writ issued, at a time and place therein named, to show quo warranto he claims the franchise or office mentioned in the writ.
How Does a Quo Warranto Action Work? An upvote would be really appreciated. The High Court in its Writ jurisdiction cannot act as a Court of Appeal against the orders of the State Governments or Union or other authorities. The writ of mandamus is thus an order by a superior court commanding a person or a public authority including the Government and public corporation to do or forbear to do something in the; nature of public duty or in certain cases of a statutory duty. However, the relator must proceed under the direction and supervision of the Attorney General throughout the action. Thus, object of the writ is to compel inferior courts to keep themselves within the limits of their jurisdiction.
If you have any questions please contact: Bilingual Services Program at 916 324-5482 A copy of this disclaimer can also be found on our page. Scope of Article 226 and 227 Writs under Article 226 have to be issued in grave cases where the subordinate tribunal or bodies or officers act wholly without jurisdiction, or in excess of it, or in violation of the principles of natural justice or refuse to exercise a jurisdiction vested in them, or there is an error apparent on the face of the record and such act, omission, error, or excess has resulted in manifest injustice. Writ of Quo Warranto Definition of Writ of Quo Warranto In the American legal system, a concept of writ of quo warranto may be the following: A writ ordering a government official regardless of branch or level to give an answer on the public record explaining by what authority he or she is acting in a particular situation. Over the course of the past two months I have randomly come across the phrase quo warranto. This is an advance summary of a forthcoming entry in the Encyclopedia of Law.
If public authority invested with discretionary power abuses the power or exceeds it, or act malafide or there is non-application of mind by it or irrelevant considerations have been taken into account the writ of mandamus can be issued. Articles 32 and 226 of the Indian Constitution makes provisions for writs in the country. A Latin term meaning by what warrant? Quo warranto is the legal term for a writ order used to challenge another's right to either public or corporate office or challenge the legality of a corporation's charter. There is the United States of Mexico, the United States of Venezuela, The United States of Brazil, The United States of Cuba, etc. Send your modifications to our editors for review. The application and supporting documents must be prepared by a licensed attorney. Dunlop India Ltd, the Supreme Court held that Article 226 is not meant to short-circuit or circumvent statutory procedures.
The scope of the writ of habeas corpus has considerably increased by virtue of the decision of the Supreme Court in Maneka Gandhi v. Valid reason must be indicated to justify governmental interference with the individual holding the challenged office, privilege, or license. An application under Article 226 may always be made first to Supreme Court since Article 32 is itself a Fundamental Right. Other processes are available for that purpose. At any stage of the proceeding, the Attorney General may withdraw, discontinue or dismiss the case, or any part of it.
A quo warranto action may not be filed without the approval of the Attorney General except in those cases where a public agency is authorized to file for itself. A writ, in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise, or liberty; to inquire by what authority he supported his claim, in order to determine the right It lay also in case of non-user, or long neglect of a franchise, or misuser or abuse of it; being a writ commanding the defendant to show by what warrant he exercises such a franchise, having never had any grant of it or having forfeited it by neglect or abuse. An offer to prove a plea, or pleading. The proposed defendant is given 15 to 20 days to respond, depending upon where service is made. They are the only ones who can act, engage in action of any kind therefore their actions, i. In Collector of Central Excise v.
At Northwest Amexem — Northwest Africa — North America — The North Gate the Constitution that all corporations are a creature of is the American Constitution adopted for the United States of America 1791 which in truth is the Union States of America. That is their only function!!! This writ has become obsolete, having given way to informations in the nature of a quo warranto at the common law; Ang. This is a Non Profit Project. You may skip to the end and expand the entry. The application must be properly served on the proposed defendant, and filed within five days of service with the Attorney General.
It will not be issued if designed to harass the respondent or with a view to cause personal grievances. Now, the appropriate High Court has a right to issue a Writ of quo-warranto against the person and declare the office vacant. With the expanding dimensions of natural justice and the requirement of fairness in administrative functions, the rigidity about prohibition has been liberalized. Other processes are available for that purpose. If leave to sue is granted, then the relator may file a quo warranto action in the appropriate superior court. Quo warranto is not available to decide whether an official has committed misconduct in office.