The Madhya Pradesh High Court has observed that a writ for mandamus cannot lie to direct the state to enact a law.
The Division Bench of Chief Justice Ravi Malimath and Justice Dinesh Kumar Paliwal on February 28 dismissed a PIL, seeking a writ of mandamus to incorporate certain provisions in the law, namely, Section 14-A of the Madhya Pradesh Municipal Corporation Act, 1956 and Section 32-A of the Madhya Pradesh Municipalities Act, 1961.
“Irrespective of the submission being made, it is needless to state that a writ for mandamus cannot lie to direct the State to enact a law. That is precisely what the writ petitioners want”.
Hence, the Court is of the view that such a petition for mandamus would not lie. Hence, the writ petition is dismissed.
The PIL is filed by Nagrik Upbhokta Marg Darshak Manch (through its President) and Social Worker Rajat Bhargava.