Home » UPSC Combined Section Officer » If a person occupies a public office illegally, which one of the follo

If a person occupies a public office illegally, which one of the follo

June 1, 2025 by rawan239

If a person occupies a public office illegally, which one of the following writs/orders can be issued against him/her for getting the office vacated ?

Quo warranto

Prohibition

Certiorari

Permanent injunction

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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If a person occupies a public office illegally, the writ of Quo Warranto can be issued to challenge their claim to the office and get it vacated.

The writ of Quo Warranto (meaning “by what authority”) is issued by a court to inquire into the legality of the claim of a person to a public office. It is used to prevent illegal usurpation of a public office by a person. If the court finds that the person is not legally entitled to the office, it can issue an order to remove them from office.

Prohibition and Certiorari are writs issued by a higher court to a lower court or tribunal, dealing with their jurisdiction. Prohibition is preventative (to stop exceeding jurisdiction), while Certiorari is curative (to quash an order made in excess of jurisdiction). Permanent injunction is a remedy issued by civil courts, usually to restrain someone from doing a specific act.

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