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1957 Supreme(All) 283

V.G.OAK
RAJNI KANT VERMA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Gopi Krishna Sahai, HARNANDAN PRASAD, Yashoda Nandan Prasad

V. G. OAK, J.

( 1 ) THIS petition under Article 226 of the Constitution raises the question of the validity of certain bye-laws framed by the Municipal Board, Allahabad. According to the petitioners affidavit, he is the General Secretary of the Socialist Party, Allahabad. He wanted to organize a public meeting. He was in need of a loud-speaker. But he was unable to get any Loud-speaker. He was told that under bye-laws framed by the Municipal Board, Allahabad it is necessary to secure permission from the Executive Officer, Municipal Board for getting a loud-speaker. The petitioner has, therefore, prayed for the issue of a writ of mandamus prohibiting the Municipal board, Allahabad from enforcing the said bye-laws.

( 2 ) THE Executive Officer of the Municipal Board, Allahabad has filed a counter-affidavit. A copy of the bye-laws in question has been filed. The material provisions of the bye-laws are that permission has to be taken for the use of loudspeakers. Further, certain fees have been prescribed for obtaining such permission.

( 3 ) MR. G. K. Sahai appearing for the petitioner attacked the bye-laws on three grounds. His main contention was that the bye-laws infringe the fundamen




















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