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1953 Supreme(Bom) 164

M.C.CHAGLA, J.C.SHAH
Govind Pandurang Phalke – Appellant
Versus
In Re – Respondent


JUDGMENT

1. This is a petition challenging an order made by the Additional District Magistrate, North Satara, on 24-7-1953, by which the District Magistrate ordered the petitioner to remove himself outside the area of North Satara district for a period of one year and not to return to the said area during that period. The petitioner is the President of a labour union consisting of workers working in Cooper Engineering Works in Satara, and on 2-5-1953, he was served with a notice under Section 59, Police Act and that notice set out the various grounds on which the externing authorities proposed to take action. The petitioner was heard, he offered an explanation, called witnesses, and the externing authority was satisfied that a case had been made out under Section 56, Police Act and passed the order as already stated on 24-7-1953.

2. Mr. Patel who appears for the petitioner has challenged this order on two grounds. The first ground is that the externing authority has taken into consideration a ground which is foreign to the Act and outside its ambit and scope. The activities of the petitioner which were referred to in the notice were: (1) That he had instigated the workers in the Coop


























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