1. The office must be public and must be created by a Statute or by the constitution itself. |
2. The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another. |
3. There has been a contravention of the Constitution or a Statute or Statutory Instrument, in appointing such person to that office. |
A) 1 and 2
B) 1 and 3
C) 2 and 3
D) All of these
Correct Answer: D
Solution :
All the conditions given in the question are necessary for issuing writ of quo warranto. The conditions necessary for the issue of a writ of quo warranto are as follows: (i) The office must be public and it must be created by a statute or by the constitution itself. (ii) The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another. (iii) There has been a contravention of the constitution on or a statute or statutory instrument, in appointing such person to that office.You need to login to perform this action.
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