Betting and gambling on horse race is not per se illegal or immoral. The legislative entry in item 34 of list II of the Seventh Schedule to the Constitution of India authorises the State to make any law permitting an Association of persons, such as Club to carry on betting and gambling by conducting horse race at all without State control for minimising the vice of betting and Gambling on horse race.

( 1 ) IN the instant writ petition the petitioners have challenged the betting and gambling of Horse Races a)as immoral; and b)crime and social evil degenerating the Society and the Nation. The petitioners claim that they are interested in the welfare of the Society and the petitioners are not trying to vindicate any personal right of them or to claim any personal benefit and the expenses of this proceedings are borne out by the petitioners personally. It was further been contended on behalf of the petitioners that the questions raised in this writ petition are questions of Constitutional obligation of the State, law and morality. The petitioners accordingly claim that the instant writ petition is in the nature of a public interest litigation.

( 2 ) AS legality of betting and gambling on horse race has been questioned, the proforma respondents Nos. 17, 18, 19, and 20 have been impleaded, as betting and gambling on horse race take place in those States. Proforma respondents Nos. 21 and 22 have been impleaded, as this petition relate to interpretation of the Constitution of India since it has been alleged that on proper interpretation, several State and Central enactments may be held to be ultra vires. The respondent Nos. 23 and 24 have been impleaded, as the two articles with regard to the acts and deeds of the respondents No. 3, one published in 'the Statesman' dated 3. 8. 91 and the other in 'the Telegraph' dated 9. 8. 91 were published referring the petitioners concern about betting and gambling on Horse racing and led them to all investigate and study about the subject matter of this petition and filing of the same as public interest litigation. The said two respondents have been impleaded so that they may place further materials before this court.

( 3 ) RESPONDENT No. 15 has been impleaded as a member of Royal Calcutta Turf Club.

( 4 ) THERE is a Race Course in the Maidan which is in the heart of the City of Calcutta. The said Race Course has got a huge big area with a big racing tracks and a big club horse with gallaries, stand and building. In the said Race Course horse racing take place and hundreds and thousands of people go there and particulars in betting and gambling on horses which run the horse races.

( 5 ) THE following questions have been raised in this writ petition: (I)is there any sanction for betting and gambling in public on a horse race within the framework of Constitution of India? (II)does the legislative entry in item 34 of list II of the Seventh Schedule to the Constitution of India authorise the State to make any law permitting an Association of persons, such as Club to carry on betting and gambling by conducting horse race at all without State control for minimising the vice of betting and Gambling on horse race? (III)does the West Bengal Gambling and Prize Competition Act 1957 and the purported licence granted to the respondent No. 1 by the Home (Police) Department, Government of West Bengal on 21. 5. 88 provide any check or control to the illegalities and immoralities inherently contained in betting and gambling upon a horse race and if not, are those ultra vires Articles 14 read with Articles 38 (1), 46 and 51a of the Constitution of India? (IV)in the facts and circumstances of the case, should the State be directed to either prohibit totally or to minimise the evils of betting and gambling on a horse race of preventing an unregistered association of persons, namely, the respondent No. 3 from running the horse race with betting and gambling or to take over the management and administration of the respondents No. 3 club with a view to provide sufficient check and balance to the social evil which originated from such betting and gambling and to channalise the income out of such betting and gambling to public welfare activities such as improving the living condition of the poorer section of the people, providing them with basic education and medical aid as also such other activitie