Which of the following writs is used to challenge the legality of a claim that a person asserts to a public office, and to remove such a person from the public office if the claim is not well-founded ?

All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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17.

Which of the following writs is used to challenge the legality of a claim that a person asserts to a public office, and to remove such a person from the public office if the claim is not well-founded ?

A: Quo warranto

B: Habeas corpus

C: Mandamus

D: Certiorari

E: Prohibition

The answer is: A

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Explanation

The correct option is A: Quo warranto.

Explanation:

Quo warranto is a legal remedy used to challenge the legality of a claim that a person asserts to a public office or position. It is used to question whether the individual holding a public office has the legal authority or right to do so.

If it is found that the person's claim to the public office is not well-founded, a quo warranto proceeding can result in the removal of that person from the public office.

Quo warranto is often used to ensure that individuals in public positions meet the legal qualifications and requirements for holding those positions. It helps maintain the integrity of public offices by preventing individuals from wrongfully occupying them.

The other options have different purposes:

B: Habeas corpus is used to challenge the legality of a person's detention or imprisonment.

C: Mandamus is a writ used to compel a public official to perform a specific duty that they are legally required to perform.

D: Certiorari is a writ used to review decisions of lower courts.

E: Prohibition is a writ used to prevent a lower court from proceeding with a case outside of its jurisdiction.