N. CHANDRASHEKAR AIYAR, S. R. DASS, M. C. MAHAJAN, B. K. MUKHERJEE, M. PATANJALI SASTRI
State Of Madras – Appellant
Versus
V. G. Row: State Of Travancore-cochin – Respondent
M. Patanjali Sastri, C.J.I.
(1) THIS is an appeal from an order of the High court of Judicature at Madras adjudging section 15 (2)(b) of the Indian Criminal Law Amendment Act, 1908 (Act No. 14 of 1908) as amended by the Indian Criminal Law Amendment (Madras) Act, 1950, (hereinafter referred to as the impugned Act) as unconstitutional and void, and quashing government Order No. 1517, Public (General) Department, dated 10/03/1950, whereby the State government declared a Society called the Peoples Education Society an unlawful association.
(2) THE respondent, who was the general secretary of the Society, which was registered under the Societies Registration Act, 1860, applied to the High court on 78 10/04/1950, under article 226 of the Constitution complaining that the impugned Act and the Order dated 10/03/1950, purporting to be issued there-under infringed the fundamental right conferred on him by article 19 (1) (c) of the Constitution to form associations or unions and seeking appropriate reliefs. The High court by a full bench of three Judges (Rajamannar C.J., Satyanarayana Rao and Viswanatha Sastri JJ.) allowed the application on 14/09/1950, and granted a certifica
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