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§ 9-6-60.For what purpose quo warranto may issue; who may bring action

Chapter 6. Extraordinary Writs · Article 4. Quo Warranto · Last amended 1933 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-6-60 authorizes courts to issue a writ of quo warranto testing whether a person who is performing the duties of a public office holds the legal right to that office, and it limits who can start that inquiry to someone claiming the office themselves or someone with a stake in who holds it.

Full Text of § 9-6-60

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The writ of quo warranto may issue to inquire into the right of any person to any public office the duties of which he is in fact discharging. It may be granted only after the application by some person either claiming the office or interested therein.

Plain-English Summary

Quo warranto is a court proceeding built to answer one question: does the person running a public office have the legal right to be there? O.C.G.A. § 9-6-60 opens Georgia’s quo warranto framework by defining exactly that reach. The writ tests title to an office against the person who is, in fact, discharging its duties — not a title held on paper only, but a job being performed.

The section also fences off who may ask a court to look into the question. It is not open to any citizen with an opinion about who should hold public office. Only two categories of applicant qualify: someone who claims the office for themselves, or someone with an interest in the outcome — a rival officeholder, a board that appoints the position, or another party whose rights depend on knowing who legitimately holds it.

That gatekeeping matters in practice. Public offices need stability, and a rule that let any bystander force a courtroom inquiry into every officeholder’s credentials would invite endless disruption. By tying standing to a claim or an interest, the statute keeps quo warranto aimed at real disputes between people with something at stake, while leaving the mechanics of trial and remedy to the sections that follow.

Frequently Asked Questions

What does a quo warranto action under this section test?

It tests whether a person who is in fact performing the duties of a public office holds the legal right to hold that office.

Who is allowed to apply for the writ?

Only someone claiming the office or someone interested in the office may apply — the section does not open the process to the public at large.

Can a person with no claim to the office and no stake in the outcome file a quo warranto application?

No. The section limits applicants to a person claiming the office or a person interested in it; someone without either connection falls outside the section’s reach.

Does this section apply to someone who has been named to an office but has never performed its duties?

The text targets a person who is in fact discharging the duties of the office, so it is written around people currently doing the job rather than someone holding an unexercised title.

Does this section set out when a court must grant the writ?

No. This section describes only the writ’s purpose and who may apply for it; other sections in the article address when the writ is granted and how disputes are tried.

Amendment History

Orig. Code 1863, § 3135; Code 1868, § 3147; Code 1873, § 3203; Code 1882, § 3203; Civil Code 1895, § 4878; Civil Code 1910, § 5451; Code 1933, § 64-201.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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