Judgment

WANCHOO, J. : . These five petitions under Art. 32 of the constitution, which are connected and will be dealt with together, raise questions as to the constitutionality of the Bombay Agricultural Produce Markets Act, Bombay Act No. XXII of 1939 (hereinafter referred to as the Act), as amended by the Bombay and Saurashtra Agricultural Produce - Markets (Gujarat Amendment and Validating Provisions) ordinance, No. 1 of 1961, (hereinafter referred to as the Ordinance), and the Rules and the Bye-laws framed thereunder. They are a sequel to the judgment of this Court in Mohammad Hussain Gulam Mohammad v. State of Bombay, AIR 1982 SC 97 1520 which was delivered on May 2, 1961. One of the petitioners before us in these petitions was also a party in that petition, which was with respect to a market established in Ahmedabad. In that petition the challenge to the constitutionality of the main provisions of the Act failed but the provisions of certain rules, namely Rr. 53, 65, 66 and 67 were held to be ultra vires the provisions of S. 11 and S. 5A of the Act. In consequence, a direction was issued prohibiting the respondents in that petition from enforcing the provisions of the Act, Ru