State ex rel. Herman v. Klopfleisch

Herman instituted this action in quo warranto seeking Klopfleisch’s ouster, and Herman’s appointment to, the office of Mayor of Celina. We granted an alternative writ and allowed the Secretary of State to intervene as a respondent.

Herman asserts in his first proposition of law that when a person nominated at a primary election and subsequently elected mayor resigns, the vacancy is filled by the central committee of the political party that nominated the person.

“A person claiming to be entitled to a public office unlawfully held and exercised by another may bring an action therefor by himself…