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1978 Supreme(Kar) 125

CHANDRASHEKARAIAH, VENKATASWAMI
VENKATASWAMY K. R. – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
H.R.VENKATASAMANIAH, S.G.DODDAKALE GOWDA

CHANDRASHEKHAR, CJ.

( 1 ) THIS petition under Art. 226 of the Constitution, has been referred, to a Division Bench by Malimath, J, as important questions as to the validity of the Karnataka (Licensing of Electrical Contractors and grant of certificates and permits to Electrical Supervisors and Wiremen) Rules, 1976 (hereinafter referred to as the State Rules), arise in this petition.

( 2 ) THE petitioner is an Electrical Contractor. In this: pqtition he has challenged the validity of the Rules issued under the Notification of the Government d/ 28-5-1976. The preamble to the State Rules states that they have been made in exercise of the powers conferred by Rule 45 of the Indian Electricity Rules, 1956, (hereinafter referred to as the elecricity Rules ).

( 3 ) IN order to appreciate the contentions urged by Sri H. R. Venkataramaniah, learned Counsel for the petit oner it is necessary to set out the relevant provisions of the Indian Electricity Act, 1910 (hereinafter referred to as the Act) and the Rules made thereunder. The preamble to the Act states that it is intended to regulate the supply and use of electrical energy.

( 4 ) CLAUSE (h) of Sec. 2 defines ' licensee' as any person li



















































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