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1965 Supreme(All) 503

R. N. SHARMA
Harihar Prasad – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
B.C. Saxena, Advocate, for the Petitioner; Standing Counsel, for the Opp. parties

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 a

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