Question

Which writ can be issued when the appointment is contrary to the statutory provisions?

• A. Mandamus
• B. Certiorari
• C. Quo warranto
• D. Prohibition

Hint:

Quo warranto is a legal procedure that challenges the authority of a person holding public office.

Answer 1

The Correct Option is C

The writ of Quo warranto can be issued when an appointment is made contrary to the statutory provisions. It is used to question a person’s right to hold a public office. This writ demands that the individual provide proof of their legal right to hold the office in question.

Answer 2

When a public office is filled through an appointment that is contrary to the statutory provisions governing such appointments, the appropriate remedy to challenge this is through the issuance of a writ of Quo warranto.

The writ of Quo warranto is issued by a court to inquire into the legality of a person’s claim to a public office. It questions the authority by which a person holds a public position and can result in the removal of the person if the appointment is found illegal or unauthorized.

This writ ensures that only qualified and lawfully appointed individuals hold public offices, maintaining the rule of law and preventing usurpation.

Conclusion:
The writ of Quo warranto can be issued when the appointment to a public office is contrary to statutory provisions.