JUDGMENT - BHOSALE D.B., J.:---In this writ petition under Article 226 of the Constitution, the petitioners have sought declaration that Rules 2(r) and 23(2) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (for short "the Rules") are ultra vires provisions of the Standards of Weights and Measures Act, 1976 (for short "the Act") and, therefore, void ab initio, non est and without any effect in law. The declaration has also been sought that Rules 2(r) and 23(2) are violative of Articles 14, 19(1)(g) and 21 of the Constitution. Rule 2(r) of the Rules, defines "retail sale price which in short means the maximum price at which the commodity in the packaged form may be sold to the ultimate consumer and where such price is mentioned on the package. Rule 23(2) of the Rules prohibits retail dealer or other persons including manufacturer, packer and wholesale dealer from making any sale of any commodity in packaged form at the price exceeding the retail sale price thereof.

2. The first petitioner is a trade union registered under Trade Unions Act, 1926. It has as its members the small retailers selling pre-packaged goods in Bombay. Petitioner No. 2 is an unregist

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