Judgment

GAJENDRAGADKAR, J. : This appeal with a certificate issued by the Nagpur High Court under Art. 132 (1) of the Constitution raises a question about the validity of the Central Provinces and Berar Goondas Act X of 1946 as amended by Madhya Pradesh Act XLIX of 1950. It appears that against the respondent Baldeo Prasad the State of Madhya Pradesh, appellant 1, passed an order on June 16, 1955, under S. 4-A of the Act. Subsequently the District Magistrate, Chhindwara, appellant 2, passed another order dated June 22, 1955, communicating to the respondent the first externment order passed against him. The respondent then filed a writ petition in the High Court (No. 249 of 1955) under Art. 226 challenging the validity of the said orders, inter alia on the ground that the Act under which the said orders were passed was itself ultra vires. The appellant disputed the respondent s contention about the vires of the Act. The High Court, however, has upheld the respondent s plea and has held that Ss. 4 and 4-A of the Act are invalid, and since the two sections contain the main operative provisions of the Act, according to the High Court, the whole Act became invalid. It is the correctness