Question

The appropriate writ issued by the court to quash the appointment of a person to a public office is that of ___________________.
1. Prohibition
2. Quo Warranto
3. Certiorari
4. Mandamus

Answer 1

Hint:
In layman’s word we can understand writ as a formal written order issued by a body with judicial power. In the case of a writ issued against someone holding a public office it basically means that the court is asking them ‘by what authority’ they are holding the office.

Complete answer:
The writ was developed by the Anglo – Saxon monarchy and it mainly consisted of a brief administrative order and was issued by the king’s chancellor. Over time the concept of using writs changed and developed.
In India there are five types of writs namely, writ of habeas corpus, writ of mandamus, writ of certiorari, writ of prohibition & writ of quo – warranto.
Now,
Prohibition – A writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to the rules of natural justice.
Quo warranto – The writ of quo warranto is issued against a person holding a public office or governmental privilege by asking them by what authority they are holding that power.
Certiorari - The Writ of Certiorari is issued by a Supreme or high court to some inferior court or tribunal to transfer the matter to it or to some other superior authority for proper consideration.
Mandamus - The term mandamus means “We Command”. This is issued by the court to the inferior court, public body, corporation, tribunal and also government. The writ is used to ask them to perform their duties which they have refused to perform.

Therefore the answer is 2.

Note:
Under the Indian legal system, jurisdiction to issue 'prerogative writs' is given to the Supreme Court, and to the High Courts of Judicature of all Indian states. The laws relating to writs are set forth in the Constitution of India.