JUDGMENT

Tarlok Singh Chauhan, J. - The instant petition has been filed for grant of following substantive relief:

"To issue appropriate writ, order or directions to respondent No.1 to divide existing Gram Panchayat Dabhota into new Gram Panchayat Dabhota and Gram Panchayat Ratyor and declare the instructions dated 20th October 2020 issued by Election Commission are arbitrary, beyond its jurisdiction, in breach of law and the criteria laid down by respondent State dated 4.9.2020 in terms of distance and number villages is arbitrary and unconstitutional.

2. It is more than settled that the primary purpose of a writ of mandamus, is to protect and establish rights and to impose a corresponding imperative duty existing in law. It is designed to promote justice (ex debito justiceiae). The grant or refusal of the writ is at the discretion of the court. The writ cannot be granted unless it is established that there is an existing legal right of the applicant, or an existing duty of the respondent. Thus, the writ does not lie to create or to establish a legal right, but to enforce one that is already established.

3. In Wharton's Law Lexicon, the word 'Right' means;

1. is a legally protected i