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The writ of certiorari CANNOT be issued
Question

The writ of certiorari CANNOT be issued

A.

to call for records of a case pending in a district court

B.

to quash a decision of a tribunal on the ground of violation of rules of natural justice

C.

to decide whether a lower court has jurisdiction to decide a case pending before it

D.

to direct a person to vacate the public office held by him

Correct option is D

The correct answer is (d) to direct a person to vacate the public office held by him.

The writ of Certiorari is a corrective remedy issued by a superior court (Supreme Court or High Court) to an inferior court or tribunal. Its primary purpose is to "quash" an order or to "call for records" to review the legality of a decision already made.

Why (d) is the correct answer:

Directing a person to vacate a public office is the specific function of the Writ of Quo Warranto (meaning "by what authority").

  • Quo Warranto is issued to inquire into the legality of a person's claim to a public office and to oust them if they are found to be an illegal occupant.
  • Certiorari, on the other hand, deals with the decisions and jurisdictional limits of judicial or quasi-judicial bodies, not the status of an office-holder.

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