What Is an Order of Quo Warranto?

By what authority?

Quo warranto asks by what authority a person occupies an office of a public character. Its purpose is not private compensation but protection of the lawful filling of public office.

When it may arise

• The office is public and substantive
• The person has assumed the office or exercised its powers
• An alleged lack of a mandatory qualification
• An alleged defect in appointment, election or term
• A timely application serving the public interest

Not every office dispute qualifies

A private-company position, ordinary employment contract or personal title dispute is not a quo warranto matter. Special legislation may prescribe another objection or election remedy for certain appointments.

Possible result

If the court finds that the person holds office without lawful authority, it may restrain that person from exercising it. Appointment of the applicant is not automatic and may require separate conditions.