Q. With reference to the writs issued by the Courts in India, consider the following statements::
1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
Exp) Option c is the correct answer.
Statement 1 is correct: Mandamus is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal, or a government for the same purpose. It is usually not usable against a private entity unless it is entrusted with a public duty.
Statement 2 is incorrect: As explained above, Mandamus can be used against a government corporation and/or company.
Statement 3 is correct: Quo Warranto is issued by the court to enquire into the legality of the claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person. Unlike the other writs, this can be sought by any interested person and not necessarily by the aggrieved person.
Sources:
Indian Polity by Laxmikanth, 6th Edition, Chapter-7
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