Writ of Quo-Warranto

Abstract

Quo warranto is a special type of civil procedure that is used to settle a disagreement as to whether a single citizen has the legal right to occupy the elected office he or she holds. Quo warranto is used to assess the legitimate right of a person to occupy a position, not to determine the performance of the person in the office. For example, an action for a quo warranto might be brought to decide if a public official fulfils the condition that he or she lives in the district; or if two conflicting positions are held by a public official. In order to determine if an official has done fraud in office, Quo warranto is not eligible. It is possible to penalize or even suspend a person who performs fraud in a public position from office, but quo warranto is not the appropriate venue for such cases. For that function, other processes are usable.