Short answer. Yes. With the court's permission, the Solicitor General or a public prosecutor may bring the action at your request and upon your relation, though the officer bringing it may first require you to post an indemnity covering the expenses and costs of the action.
What the law says
The Solicitor General or a public prosecutor may, with the permission of the court in which the action is to be commenced, bring such an action at the request and upon the relation of another person; but in such case the officer bringing it may first require an indemnity for the expenses and costs of the action in an amount approved by and to be deposited in the court by the person at whose request and upon whose relation the same is brought.
Rule 66, Section 3 — When Solicitor General or public prosecutor may commence action with permission of court. Read the full provision →
A permissive route beyond the mandatory one
Separate from the mandatory duty triggered by a presidential directive or good reason to believe, the Solicitor General or a public prosecutor may also bring a quo warranto action at the request and upon the relation of another private person — but only with the permission of the court where the action is to be commenced. This gives a private citizen a route to government-backed enforcement even where the usual mandatory triggers for filing the action are absent. The court's permission acts as a screening step, filtering out requests that do not warrant the government's involvement before the case is even filed.
The relator's role
The private person requesting the action becomes what the rules call the relator, whose interest drives the filing even though the case is still brought in the name of the government. This route lets a private citizen with a genuine claim to an office get the government's legal machinery moving on their behalf, rather than being limited to whatever remedies a purely private lawsuit could offer against the person occupying the office. That said, the relator does not control the litigation the way a plaintiff in an ordinary private suit would, since the action remains one brought in the government's name.
The indemnity requirement
Before bringing the action this way, the officer may require the relator to post an indemnity covering the action's expenses and costs, in an amount the court approves and which the relator deposits with the court. This protects the government from bearing litigation costs for a case pursued at a private party's request, effectively making the relator financially responsible for a lawsuit that is filed for their own benefit even though it proceeds in the government's name. A relator unwilling or unable to post the required indemnity may find the officer declines to pursue the action on their behalf at all.
Related provisions
- Rule 66, Section 3 — When Solicitor General or public prosecutor may commence action with permission of court
- Rule 66, Section 4 — When hearing had on application for permission to commence action
- Rule 66, Section 2 — When Solicitor General or public prosecutor must commence action