Which one of the following is not the necessary condition for the is

Which one of the following is not the necessary condition for the issue of a writ of Quo Warranto?

The office must be a public office.

The office must be created by the Statute or by the Constitution itself.

The office must not be a substantive one.

There has been a contravention of the Constitution or a Statute in appropriating such person to that office.

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CDS-2 – 2020

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A writ of Quo Warranto is issued by a court to inquire into the legality of the claim of a person to a public office. A necessary condition for issuing this writ is that the office must be a *substantive* public office of a permanent character, created by statute or the Constitution. The office must not be merely ministerial or temporary. Therefore, the statement that “The office must not be a substantive one” is incorrect and is *not* a necessary condition.

The purpose of Quo Warranto is to prevent illegal usurpation of public office by a person.

Other necessary conditions for the issue of Quo Warranto are that the office must be a public office, it must be created by a statute or the Constitution, and the person holding the office must have entered it in contravention of the law. The applicant for the writ does not have to be the aggrieved party or claimant to the office; any person can apply.

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