M.R.MODY, N.M.MIABHOY
INDULAL K. YAGNIK – Appellant
Versus
STATE – Respondent
( 1 ) THE petitioner Shri Indulal Kanaiyalal Yagnik has preferred this petition under Article 226 of the Constitution. He challenges inter alia the constitutionality of clause (r) sub-clause (iii) of sub-sec. (1) of section 33 of the Bombay Police Act 1951 (hereafter called the Act) and the rules made thereunder. The challenge is on the ground that the clause and the rules are violative of Articles 19 (1) (a) and 14 of the Constitution. The petitioner also challenges an order dated 8 March 1961 passed by the second respondent who is the Police Commissioner of Ahmedabad. The challenge is on the same grounds The petitioner also challenges the act of the third respondent by which he seized a microphone from petitioners possession.
( 2 ) A party bearing the name of Ahmedabad Janata Samiti was formed to contest the Municipal elections which were to be held at Ahmedabad in March 1961. The `samiti put up 45 candidates at the election. The petitioner who was the elected President of this `samiti wrote a letter dated 5th March 1961 to the second respondent and informed him that he intended to hold a meeting on 8th March 1961 at about 9-00 P. M. in Manek Chawk near a place c
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