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―a) issue a writ in the nature of mandamus for the issuance of directions to the respondents/State (Government of NCT of Delhi) to implement the provisions of Lokpal and Lokayuktas Act, 2013 in the State of NCT of Delhi in letter and spirit as per Section 63 of the Lokpal and Lokayuktas Act, 2013 so as to establish an Institution known as the Lokayuktas for the State to deal with the complaints relating to corruption against certain public functionaries, in the interest of justice;‖

6. Having heard learned counsels and perused the record, as also Section 63 of the 2013 Act, we are of the view that there is no merit in the plea of the petitioner. The scope and authority of the Lokayukta appointed under the 1995 Act can be gathered from Section 2(m) which defines public functionaries read with Section 7. These provisions read as follows:

―2. (m) "public functionary" means a person who is or has been at any time-

(b) The Upalokayukta may proceed to inquire into an allegation made against any public functionary other than that referred to in clause (a); Provided that the Lokayunkta may inquire into an allegation made against any public functionary referred to in clause (b).

Explanation :- For the purpose of this section the expressions ―may proceed to inquire‖ and ―may inquire‖ include investigation by any person or agency at the disposal of the Lokayukta and Upalokayukta in pursuance of sub-section (2) of Section 13.‖

8. The Legislative Assembly of Delhi having already enacted the 1995 Act, a writ in nature of mandamus cannot lie to compel enactment of a new act, or to amend the 1995 Act to bring it in consonance with the 2013 Act. All that Section 63 of the 2013 Act requires is that every State shall establish a body to be known as the Lokayukta for the State, if not so established, constituted or appointed, by a law made by the State Legislature. In respect of the NCT of Delhi, the same has been done by the Legislative Assembly by enacting the 1995 Act. Section 63 further goes on to state that the Lokayukta shall deal with the complaints relating to corruption against certain public functionaries. The 2013 Act does not stipulate that the law made by the State in respect of appointment of Lokayukta should authorise the Lokayukta to deal with corruption cases against all public functionaries who are covered by Section 14 of the Act. It is not for the Court to issue a mandamus to the Legislature to either enact a law or to amend the law in a particular way as may be desired by the petitioner. We, therefore, find no merit in this petition.