JUDGMENT

R.N. Sharma, J. - This is a petition under Article 226 of the Constitution of India. The prayer in the petition is not happily worded. It is for a writ of mandamus restraining the opposite parties from interfering with the petitioner's legal right to hold the office of Pradhan of a Gaon Sabha and from enforcing certain orders passed against the petitioner. A writ of mandamus is issued only for directing a person or authority to do a certain thing and not to restrain him from doing it.

2. The petitioner was the Pradhan of the Gaon Sabha Haidergarh, District Barabanki, in January, 1961. Subsequently the U. P. Kshettra Samitis and Zila Parishads Adhiniyam, 1961 was enacted. Chapter I of this Act came into force on December 3, 1961. Subsection (3) of Section 1 laid down that this Chapter (Chapter 1) shall come into force at once, and the remaining provisions of this Act shall in relation to any district come into force from such date as the State Government may by notification in the Gazette appoint in this behalf. By a notification dated July 18, 1962, published in the Extraordinary Government Gazette of Uttar Pradesh of the same date Chapters II to XIV of the said Adhiniyam along with its Schedules,. came into force in relation to all the districts of Uttar Pradesh except the three districts of Uttarakhand. Provision was made by this Act for constitution of Kshettra Samitis and Pramukhs and Up-Pramukhs were to be elected. The first proviso to sub Section (3) of Section 1 laid down that for the limited purpose of constituting Kshettra Samitis and the Zila Parishad in a district in which the State Government initiates steps to constitute Kshettra Sainitis and the Partshad, the provisions of Chapter 11 and any other Chapters necessary or incidental to such constitution, shall be deemed to have come into force from the date of coming into force of this Chapter (Chapter I) and not-withstanding anything in any other enactment all acts may be done and all proceedings taken as may be necessary for the due constitution of the Kshettra Sarnitis and Zila Parishad in accordance with the provisions of the aforesaid Chapters and rules or Orders made thereunder. Therefore even though Chapters II to XIV had not been brought into force, action for constitution of Kshettra Samitis could be taken even before the enforcement of these Chapters. These Chapters could be deemed to have come into force only for the limited purpose of constituting Samitis.

3. Thus even before July 18, 1962, election to the office of Pramukh and Up-Pramukhs of the Kshettra Samiti of this village was held. Under the provisions of this Act there was to be one senior Up-Pramukh and one Junior Up-Pramukh. The petitioner offered himself for election to the office of Junior Up-Pramukh. He was elected as such on July 8, 1962.

4. According to the provisions of sub-Sec. (2) of Section 7 if any Pradhan out of the Pradhans of the constituent Gaon Sabhas is elected Prarnukh or Up-Pramukh, then, not withstanding anything in any other enactment, he shall cease to hold the office of Pradhan but shall continue ex-officio member of the Kshettra Samiti etc. It is not disputed that the petitioner is the Pradhan of a constituent Gaon Sabha. On the coming into force of Chapter II he was asked to hand over charge of his office of Pradhan because in spite of his election as Up-Praniukh he had not done so. It appears that a general circular (Annexure A to the counter-affidavit of opposite parties) was issued by the Additional Secretary, U. P. Government pointing out that in some Kshettra Samitis persons already holding the office of Pradhan had been elected as Pramukh or Up-Pramukh and the attention of the authorities was drawn to the provisions of Section 7(2) and they were asked to make the position clear to all concerned. Thereupon the Assistant Block Development Officer, opposite party No. 3, issued a letter to the petitioner asking him to hand over charge of his office of Pradhan to