Introduction
Quo warranto simply means “through what authority.” It refers to someone who is appointed as a public officer. Holding any public office under this writ, if the question of whether the individual is unfit to occupy the position arises, the court will ask under what rights do you have a conflicting position? If a person does not have the right to hold a position, the court might ban them from taking it and declare the job empty.
This writ aims to regulate executive punishment for government personnel. The major purpose is to defend the appointment rights of public officials.
This writ aims to regulate executive punishment for government personnel. The goal is to protect public officials’ appointment rights and prevent illicit practices.
Right to file a quo warranto application.
This writ applies to public officials rather than private officials, therefore any citizen may file one.
For which quo warranto application is filed?
The complaint is against the illegitimate appointment of a post and the appointing authority.
Public Office
All public posts are not public problems and do not need holding public office. To distinguish whether this is a public post or not:
A constitutional or legal post requires appointment, election, or nomination to exercise its duties.
In accordance with the Constitution or applicable laws for the position.
In accordance with the Constitution or applicable regulations, officials in such positions must fulfil public duties.
while performing such duties, the official should be able to use any of or any part of the state’s sovereign executive, legislative, or judicial authority.
The official should be able to work independently without guidance from the higher authority. Citizens can file a quo warranto writ if a government officer has been appointed illegally.
It is simply necessary to state that the post is illegal and controversial.
(Keshav Bhattarai v. Ministry of Secretariat, NeKaPa 2052, page 306, decision number. 5084).
Situations where quo warranto orders are filed
a. Government officials are appointed, elected, or nominated without adhering to legal procedures.
b. Government officials are appointed, elected, or nominated without meeting the required qualifications for the position.
b. A legitimate election was not held.
- Situations in which quo warranto order is not filed.
a. If the office is created according to the decision of the Shri 5 government.
b. Rights and duties delegated but not specified by law
In the case of Keshav Bhattarai v. Ministry of Secretariat (NeKaPa 2052, page 306, decision no. 5084), employees may be required to follow government policies without exercising independent discretion.
