Satyanarayana Rao, J.-This is a petition under Article 226 of the Constitution of India for the issue of a Writ of Certiorari for calling the records and quashing the order of the State of Madras in G.O.Ms. No. 1517, Public (General) dated 10th March, 1950, declaring under section 16 of the Criminal Law Amendment Act, 1908, the People’s Education Society as an unlawful association. The petitioner is the General Secretary of the People’s Education Society registered in November, 1947, under the Societies Registration Act, 1860 (Act XXI of 1860) and is also a barrister-at-law and an advocate of this Court and the Supreme Court’

The objects of the Society as stated in the affidavit of the petitioner are among others: (a) to encourage, promote, diffuse, and popularise useful knowledge in all sciences and more specially Social Science: (b) to encourage, promote, diffuse and popularise political education among people; (c) to encourage, promote and popularise the study and understanding of all social and political problems and bring about social and political reforms; and (d) to promote, encourage and popularise art, literature and drama. The notification by the respondent, the State of Madras, dated 10th March, 1950, under section 16 of the Criminal Law Amendment Act, 1908, declaring the Society an unlawful association is in the following terms:

"Whereas in the opinion of the State Government, the Association known as the People’s Education Society, Madras, has for its object interference with the administration of the law and the maintenance of law and order, and constitutes a danger to the public peace.

Now, therefore, His Excellency the Governor of Madras, in exercise of the powers conferred by section 16 of the Indian Criminal Law Amendment Act, 1908 (Central Act XIV of 1908) hereby declares the said Association to be an unlawful association within the meaning of the said Act."

After the aforesaid declaration, it is alleged in the affidavit of the petitioner that the City Police searched the office of the said society purporting to act under a search warrant issued by the Commissioner of Police, Madras, under section 12 of the Madras Maintenance of Public Order Act (XXIII of 1949) and seized certain articles. The petitioner denies that the objects of the society were those stated in the notification and he also asserts that the order, that is, the notification, was not served upon the petitioner and that he was never given any opportunity or warning before the order was made. On 31st March, 1950, the Government passed a further order under section 17 (E) (3) of the Indian Criminal Law Amendment Act, 1908, declaring their intention to forfeit to the Government an amount of Rs. 2,405-14-0 belonging to the Society in the hands of Messrs. Best &38; Company, Limited, as the money was intended to be used for the purpose of the unlawful association, namely, the People’s Education Society, Madras. Notice of this intention was also given to Messrs. Best &38; Company, Limited, who are in possession of the funds. The amount, in question, it is alleged in the affidavit, represents compensation money for non-delivery of certain rotary press materials and the petitioner alleges that this fund was not intended to be used for any unlawful purpose. The Order of the Government dated 10th March, 1950, is impugned in the affidavit as being illegal and void as the Indian Criminal Law Amendment Act, 1908, became void on the 26th January, 1950, as being inconsistent with the fundamental rights guaranteed under Part III of the Constitution of India more particularly the rights specified under Articles 19, 21 and 31 of the Constitution. The petitioner also questions the legality of the search and the order of the Government of 31st March, 1950, proposing to forfeit the funds in the hands of Messrs. Best &38; Company. On behalf of the respondent, the Deputy Secretary to the Government of Madras filed a counter-affidavit in which it is asserted that the rea

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