Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

The correct option is C: Mandamus.

A writ of mandamus is an order issued by a court to compel a public authority to perform its legal duty, which it has refused or neglected to do.

For example, a court may issue a writ of mandamus to direct a government official to hold an election, or to prevent the dissolution of a local body. A writ of mandamus is a remedy for enforcing the fundamental rights of citizens, as well as for checking the arbitrary use of power by the state.

Some of the essential conditions for issuing a writ of mandamus are:

-   The applicant must have a legal right to the performance of the duty.

-   The duty must be of a public or statutory nature, not a private one.

-   The duty must be clear and specific, not discretionary or vague.

-   There must be a demand and refusal of the duty by the authority.

-   There must be no other adequate or alternative remedy available to the applicant.

A writ of mandamus cannot be issued in the following cases:

-   To enforce a contractual obligation or a private right.

-   To compel a court or a judicial body to decide a case in a particular manner.

-   To interfere with the discretion or policy of the executive or the legislature.

-   To direct an authority to do something which is beyond its power or jurisdiction.

-   To issue a direction which is impossible, illegal, or futile.