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What is the difference between Quo Warranto and Certeiorari?

The writ of quo- warranto

The word Quo warranto literally means ' by what warrants ' or what is your authority? It is a write issued with a view to restrain a person from holding a public office to which he is not entitled. The write requires the concerned person to explain to the court by what authority he holds the office. If a person has usurped a public office, the court may direct him not to carry out any activities in the office or may announce the office to be vacant. Thus High Court may issue a writ of Quo warranto if a person holds on office beyond his retirement age.

Conditions for issue of Quo – warranto

a.     The office must be public and it must be created by a statue or by the constitution itself.

b.     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.

c.      There must have been a contravention of the constitution or a statue or statutory instrument, in appointing such person to that office.

Certiorari

Literally, certiorari means to be certified. The writ of certiorari can be issued by the supreme court or any high court for quashing the order already passed by an inferior court, tribunal or quasi judicial authority. There are several conditions necessary for the issue of writ of certiorari.

a.      There should be court, tribunal or an officer having legal authority to determine the question with a duty to act judicially.

b.      Such a court, tribunal or officer must have passed an order acting without jurisdiction or in excess of the judicial authority vested by law in such court, tribunal or officer.