Quo Warranto is a legal procedure that challenges the validy of a title, holding, office or other authority. It is a hearing to determine by what authority someone has an office or franchise or liberty.
This writ of Quo Warranto is issued to show by what authority a person is holding or purporting to hold a public office. The High Court Division can enquire into the legality of the claim of a party to an office. A writ of Quo warranto may be applied at the Instance of any person even who has no personal or special interest. A stranger can also file such writ petition. It is a discretionary relief which the Supreme Court may grant or refuse according to the facts and circumstances of each case. Thus, the Supreme Court may refuse it where the application was actuated by ill-will, or malice or ulterior motive. It is a settled practice not to interfere with the discretion of the High Court Division, if the discretion has not been exercised reasonably or perversely. ….. [J. Latifur Rahman, The Constitution of the People’s Republic of Bangladesh with Comments and Case-laws, p.134]
Where a court is called upon to grant a discretionary relief of the nature of writ of quo warranto, it may justly refuse to exercise its discretion in favour of a person who has not sought that relief at the earliest possible opportunity. ….. [S M Wali Ahmad Chowdhury vs. Mahfuzal Huq Chowdhury (1956) 8 DLR 429]
See, Article 102 (2) (b) (ii) of the Constitution of Bangladesh, 1972.