Summarize the following court judgment. Civil Appeal No. 378 of 1992. From the Judgment dated 31.7.1991 of the Karnataka High Court in Writ Appeal No. 1224 of 1990. Santosh N. Hegde and P.Mahale for the Appellants. A.K. Subbiah	 Ranji Thomas	 K.V. Mohan	 M Veerappa and K.H. Nobin Singh for the Respondents. 290 The Judgment of the Court was delivered by AHMADI	 J. Special leave granted. This appeal is directed against the judgment of the High Court of Karnataka dated 31 st July	 1991	 whereby the Division Bench allowed the Writ Appeal setting aside the decision of the learned Single Judge and held	 relying on the judgment in Writ Appeal No. 2564 of 1987 decided on 28th May	 1991	 that Section 4 (2) of the Karnataka Zila Parishads	 Taluk	 Panchayat Samithis	 Mandal Panchayats and Nyaya Panchayats Act	 1983 (hereinafter referred to as `the Act ') does not confer any power in the Deputy Commissioner to change the headquarter of any Mandal. It is this view taken by the Division Bench of the High Court that is put in issue in the present appeal. For the purpose of disposal of this appeal we may notice a few relevant facts. The Act came into force w.e.f. 14 'th August	 1984. Thereafter	 on 16th January	 1986 a notification was issued by the Deputy Commissioner in exercise of power conferred by Section 4 (1) of the Act constituting a Mandal	 named Mudiyannur Mandal	 and located its headquarter at Mudiyannur. However	 the Divisional Commissioner changed the headquarter to Uthanpur while exercising power under Section 4 (3) of the Act. Thereupon a writ petition was filed on 14th December	 1987	 being Writ Petition No. 7685/86	 challenging the said decision of the Divisional Commissioner. That Writ petition was dismissed by the High Court observing: if the Mandal so desires it may pass a resolution to change the headquarter from the existing place to another place whereupon it will be open to the Deputy Commissioner to consider if he would like to exercise power under Section 4 (2) of the Act. Pursuant thereto a fresh resolution was passed whereupon the Deputy Commissioner issued a notification under Section 4 (2) of the Act for change of headquarter which was published in the Government Gazette of 20th January	 1988. On the issuance of the said draft notification respondents Nos. 1 to 10 filed a writ petition	 being Writ Petition No. 1888/88	 challenging the said draft notification. That writ petition was also dismissed by the High Court. The Deputy Commissioner after considering the resolution of the Mandal and the objections received in response to the draft notification from respondents Nos 1 to 10 passed an order declaring Mudiyannur as the headquarter of the Mandal. To give effect to his decision	 a notification under Section 4 (2) of the Act was issued on 23rd July	 1988 whereby the headquarter was changed from Uthanpur to Mudiyannur. Once again the respondent Nos 1 to 10 challenged that notification by a revision application filed under Section 4 (3) 291 of the Act. The Divisional Commissioner exercising power under the said provision dismissed the revision application whereupon a Writ Petition no 77 of 1989 was taken to the High Court. A learned Single Judge of the High Court dismissed the writ petition. An appeal was carried to the Division Bench of the High Court. the Division Bench allowed the appeal by the impugned judgment dated 31 st July	 1991 following an earlier decision in Writ Appeal No. 2564 of 1987 rendered on 28th May	 1991. It is the correctness of this decision which we are called upon to examine. Section 4 (1) as it stood before its amendment on 4th October	 1985 empowered the Deputy Commissioner to declare any area comprising a village or group of village having the required population to be a Mandal for the purposes of the Act. That sub section did not carry a provision empowering the Deputy Commissioner to specify the headquarter of the Mandal. By the amendment brought about in that provision by Act 3 of 1986 w.e.f. 4th October	 1985	 this power was specifically conferred on the Deputy Commissioner. The amended Section 4 (1) reads as under : "(1) Subject to the general or special orders of the Government	 the Deputy Commissioner	 if in his opinion	 it is expedient to declare any area comprising a village or group of village having a population of not less than eight thousand and not more than twelve thousand to be a Mandal	 may	 after previous publication	 declare such area as a Mandal for the purposes of this Act and also specify its headquarter. " On a plain reading of this provision	 it becomes obvious that the Deputy Commissioner was empowered not only to declare a village or group of villages as a Mandal but also to specify its headquarter. We then come to sub section (2) which empowers the Deputy Commissioner	 at the request of the Mandal concerned	 or otherwise	 to increase or decrease the area of any Mandal	 by including within or excluding from such Mandal any village or group of villages or alter the name of any Mandal or declare that any area shall cease to be a Mandal after previous publication of the proposal by a notification in the Gazette. This sub section confers power on the Deputy Commissioner to increase or diminish the area of any Mandal and to alter the name of any such Mandal but it does not in so many words confer power to specify the headquarter of such reconstituted Mandal. Sub section (3) of section 4 empowers the Commissioner either on an application made within thirty days from the date of the notification by an aggrieved party or in exercise of suo moto power after giving a reasonable opportunity of being heard to the applicant or the Mandals 292 concerned	 revise the orders of the Deputy Commissioner passed under sub section (1) or sub section (2)	 as the case may be	 and may also	 if he considers necessary	 modify it as provided in the third proviso to subsection (1) Every order so passed revising or modifying the order of the Deputy Commissioner shall be published in the Official Gazette. We are not concerned with the third proviso to sub section 4. Sub section (1) of Section 4	 therefore	 empowers the Deputy Commissioner to declare any village or group of villages as a Mandal and to specify its headquarter. After the constitution of the Mandal and on the headquarter being specified under this sub section	 if any change	 is to be effected in the area of the Mandal either by increasing or reducing its size	 the power has to be exercised under sub section (2) of Section 4 of the Act. That sub section also empowers the Deputy Commissioner to alter the name of the Mandal. It was submitted by the counsels for the respondents that while this sub section in terms empowers the Deputy Commissioner to alter the name of the Mandal	 it does not empower him to alter the headquarter of the Mandal because the headquarter once specified under sub section (1) of Section 4 must remain unaltered since the Act designedly does not confer any power on any authority whatsoever to change the headquarter once specified under sub section (1) of Section 4. This submission was countered by the learned counsel for the appellant by inviting our attention to Section 14 of the Karnataka (hereinafter called `the '. that provision reads as under: "Where by any Mysore or Karnataka Act made after the commencement of this Act	 any power is conferred then that power may be exercised from time to time as occasion requires. " Counsel for the appellant submitted that once the power to specify the headquarter is conferred on the Deputy Commissioner by sub section (1) of Section 4 of the Act it can be exercised from time to time by virtue of the said Section 14 if the occasion so requires. He	 therefore submitted that this Court should construe the scheme of Section 4 of the Act with the aid of Section 14 in such a manner as not to leave a vacuum for the exercise of power if need arises for a change of headquarter. He submitted that if	 the view taken by the High Court is approved	 a situation may arise when even after a change takes place in the size of the Mandal area there would be no power vested in any authority whatsoever for changing of specifying the headquarter of the reconstituted Mandal which vacuum may lead to avoidable complications. He	 therefore	 submitted that once the legislature has invested the Deputy Commissioner with the power to 293 specify the headquarter under sub section (1) of Section 4	 subject to the modification which the Commissioner may choose to make under sub section (3) of Section 4	 the power to alter the headquarter of a Mandal from time to time if the occasion so requires must be read into it. We think there is a considerable force in this submission. As pointed out earlier	 Section 4(1) empowers the Deputy Commissioner to do two things	 namely	 (i) to declare an area as a Mandal	 and (ii) to specify its headquarter. The word `also ' preceding the words `specify its headquarter ' cannot be understood to convey that the power once exercised would stand exhausted. Such a construction sought to be placed by counsel for the respondent does not accord with the language of the provision. It merely conveys that when the Deputy Commissioner constitutes a Mandal for the first time it will be necessary for him to specify its headquarter also. This power to specify the headquarter conferred on the Deputy Commissioner can be exercised from time to time as occasion requires by virtue of Section 14 of the . The attention of the High Court was not drawn to the provision in Section 14 when it disposed of the Writ Appeal No. 2564 of 1987 and Writ Petition No 375 of 1989 on 28 th May	 1991. It is true that the power conferred by sub section (2) of Section 4 can be exercised where there is a change in the area of the Mandal either by addition or reduction in the area. Under clause (c) of sub section (2) of Section 4 the Deputy Commissioner is also invested with the power to alter the name of any Mandal. The scheme of subsection (2) would	 therefore	 show that when there is any increase or decrease in the area of any Mandal	 the Deputy Commissioner may	 after the previous publication of the proposal by notification	 exercise that power and rename the Mandal	 if so required. The absence of the power in sub section (2) of section 4 to specify the headquarter afresh does not necessarily mean that once the initial constitution of the Mandal takes place and the headquarter is specified the power is exhausted	 notwithstanding section 14 of the . If such an interpretation is placed on the scheme of section 4 of the Act neither the Deputy Commissioner nor any other authority will thereafter be able to alter and specify any other place as the Mandal 's headquarter. Such a view would create a vacuum and even when a genuine need for specifying any other headquarter arises	 the authorities will not be able to exercise power for want of a specific provision in the Act and that may lead to avoidable hardship and complications. It is	 therefore	 essential that we read the provision of the Act in a manner so as to ensure that such a vacuum does not arise and the power is retained in the concerned authority which can be exercised should a genuine need arise. In J.R. Raghupathy & Ors. vs State of A.P. others; 	 this Court observed that the ultimate decision as 294 to the place or location of Mandal headquarter is left to the Government to decide and conferment of discretion upon the concerned authority in that behalf must necessarily leave the choice to the discretion of the said authority and it would not be proper for the courts to interfere with the discretion so exercised. This is not to say that the discretion can be exercised in an arbitrary or whimsical manner without proper application of mind or for ulterior or malafide purpose. If it is shown that the discretion was so exercised it would certainly be open to the Courts to interfere with the discretion but not otherwise. We are	 therefore	 of the opinion that if the situation so demands and there is justification for altering the place of headquarter	 it would be open to the Deputy Commissioner to exercise power under Section 4(1) of the Act read with section 14 of the to meet the situation. We	 therefore	 allow this appeal	 set aside the impugned order of the Division Bench of the High court and restore the order of the learned Single Judge directing that the writ petition	 which gave rise to the writ appeal	 shall stand dismissed. However	 in the facts and circumstances of the case there will be no order as to costs. V.P.R. Appeal allowed.

On 16.1.1986	 the Deputy Commissioner issued a notification constituting a Mandal under section 4 (1) of the Karnataka Zila Parishads	 Taluk Panchayat Samithis	 Mandal Panchayats and Nyaya Panchayats Act	 1983 and located the headquarter of the Mandal at Mudiyannur. Later on exercising powers under section 4 (3) of the Act he changed the headquarter to Uthanpur. On 14.12.1987 a writ petition (W.P.No. 7685/86) was filed challenging the decision of the Deputy Commissioner. The High Court dismissed the petition holding that on passing a resolution my Mandal to change the headquarter from the existing place to another place	 the Deputy Commissioner was to consider if he would like to exercise power under section 4(2) of the Act. The Mandal passed a fresh resolution and thereupon the Deputy Commissioner issued a notification under section 4 (2) of the Act for change of headquarter and on 20.1.1988 the draft notification was published in the Gazette. The respondents 1 to 10 filed a writ petition (W.P. No 1888/88) 287 before the High Court challenging the draft notification. The writ petition was dismissed. Considering the resolution and the objections to the notification	 the Deputy Commissioner issued another notification under section 4 (2) of the Act and the headquarter of the Mandal was changed from Uthanpur to Mudiyannur. The respondents challenged the notification by filing a revision application under section 4 (3) of the Act which was dismissed by the Divisional Commissioner. The respondents moved the High Court in W.P. No. 77 of 1989 challenging the order of the Deputy Commissioner. The Single Judge of the High Court dismissed the petition	 against which an appeal was filed before the Division Bench of the High Court. The Division Bench allowed the appeal following an earlier decision of the High Court in Writ Application No. 2564 of 1987 dated 28.5.1991. The correctness of the decision of the Division Bench of the High Court was challenged in this appeal by special leave. The appellant contended that once the power to specify the headquarter was conferred on the Deputy Commissioner by Section 4 (1) of the Act	 it could be exercised from time to time by virtue of section 14 of the Karnataka General Clauses Act	1897; that the scheme of section 4 of the Act should be construed with the aid of section 14 of the General Clauses Act in such a manner as not to leave a vacuum for the exercise of power for a change of headquarter; that if the High Court 's view was approved	 there could be no power vested in any authority whatsoever for changing or specifying the headquarter of the reconstituted Mandal which vacuum might lead to avoidable complications; and that once the legislature invested the Deputy Commissioner with the power to specify the headquarter under section 4 (1)	 subject to the modification by the Commissioner under section 4 (3)	 the power to alter the headquarter of the Mandal from time to time	 if the occasion so required	 must be read into it. 288 The respondents submitted that while sub section (2) of Section 4 of the Act in terms empowered the Deputy Commissioner to alter the headquarter of the Mandal because the headquarter once specified under section 4(1) should remain unaltered; that the act designedly did not confer any power on any authority whatsoever to change the headquarter once specified under section 4 (1). Allowing the appeal	 this Court	 HELD : 1.01 Section 4 (1) empowers the Deputy Commissioner to do two things	 namely (i) to declare an area as a Mandal	 and (ii) to specify its headquarter. [293 B] 1.02 The power conferred by sub section (2) of Section 4 of the Karnataka Zila Parishads	 Taluk Panchayat Samithis	 Mandal Panchayats and Nyaya Panchayats Act	 1983 can be exercised where there is a change in the areas of the Mandal either by addition or reduction in the area. Under clause (c) of sub section (2) of Section 4	 the Deputy Commissioner is also invested with the power to alter the name of any Mandal. [293 D E] 1.0 The scheme of sub section (2) of Section 4 would show that when there is any increase or decrease in the area of any Mandal	 the Deputy Commissioner may	 after the previous publication of the proposal by notification	 exercise that power and rename the Mandal	 if so required. [293 E] 1.04 If the situation so demands and there is justification for altering the place of headquarter	 it would be open to the Deputy Commissioner to exercise power under section 4 (1) of the Act read with Section 14 of the General Clauses Act to meet the situation. [294 C] 1.05 The word `also ' preceding the words `specify its headquarter ' cannot be understood to convey that the power once exercised would stand exhausted. Such a construction sought to be placed by counsel for the respondent does not accord with the language of the provision. It merely conveys that when the Deputy Commissioner constitutes a Mandal for the first time it will be necessary for him to specify its headquarter also. [293 B C] 1.06 The power to specify the headquarter conferred on the Deputy Commissioner can be exercised from time to time as occasion 289 requires by virtue of section 14 of the General Clauses Act. [293 C D] 1.07 The ultimate decision as to the place or location of Mandal headquarter is left to the Government to decide and conferment of discretion upon the concerned authority in that behalf must necessarily leave the choice to the discretion of the authority and it would not be proper for the courts to interfere with the discretion so exercised. This is not to say that the discretion can be exercised in an arbitrary or whimsical manner without proper application of mind or for ulterior or malafide purpose. If it is shown that the discretion was so exercised it would certainly be open to the courts to interfere with the discretion but not otherwise. [293 H; 294 A B] 2. The absence of the power in sub section (2) of Section 4 to specify the headquarter afresh does not necessarily mean that once the initial constitution of the Mandal takes place and the headquarter is specified	 the power is exhausted	 notwithstanding section 14 of the General Clauses Act. If such an interpretation is placed on the scheme of section 4 of the Act neither the Deputy Commissioner nor any other authority will thereafter be able to alter and specify any other place as the Mandal 's headquarter. Such a view would create a vacuum and even when a genuine need for specifying any other headquarter arises	 the authorities will not be able to exercise power for want of a specific provision in the Act and that may lead to avoidable hardship and complications. It is	 therefore	 essential that the provision of the Act be read in a manner so as to ensure that such a vacuum does not arise and the power is retained in the concerned authority which can be exercised should a genuine need arise. [293 F H] J.R. Raghupaty & Ors. vs State of A.P. & Ors. 	 ; 	 referred to.