Which one of the following conditions laid down in the Constitution of

Which one of the following conditions laid down in the Constitution of India for the issue of a writ of Quo-Warranto is not correct ?

The office must be public and it must be created by a Statute
The office must be a substantive one
There has been a contravention of the Constitution or a Statute in appointing such person to that office
The appointment is in tune with a statutory provision
This question was previously asked in
UPSC CDS-2 – 2019
A writ of Quo-Warranto is issued to restrain a person from holding a public office to which he is not legally entitled. Therefore, a key condition for issuing this writ is that the appointment must be *illegal* or in contravention of constitutional or statutory provisions. Option D, stating that the appointment is in tune with a statutory provision, is the opposite condition under which Quo-Warranto would be issued.
The purpose of the writ of Quo-Warranto is to prevent usurpation of a public office by an illegal appointment.
The essential conditions for issuing a writ of Quo-Warranto are: 1. The office must be public, substantive, and created by statute or Constitution. 2. The person holding the office must be in actual possession of it. 3. The appointment must be in violation of the Constitution or a statute. Options A, B, and C correctly describe conditions that, if violated by the appointment, could lead to the issuance of the writ.
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