SIDDAGONDAPPA GURAPPA KOPPAD Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this Writ Petition, under Art. 226 of the Constitution the petitioners challenge the validity of the Orders made, by the State Government under S. 50 of the Bombay Police Act, 1951(Bombay Act XXII of 1951), to be hereinafter referred to as the "Act" on 22-10-1960, 31-5-1961, 18-12-1961, 22/25-6-1962, 31-12-1962 and 10-7-1963. But at the time of the hearing of this petition Sri V.S. Mallimath the learned counsel for the petitioners did not challenge the validity of the order dated 22-10-1960. Therefore all that we have to consider is whether the remaining orders are ultra vires of the powers of the State Government as contended by Sri Mallimath.

(2.) As per the notification dated 22-10-1960, the Government issued two Orders. They are marked as Exhibit "A" an "B" in the case. They read as follows:

(3.) Those orders came to an end on 15-5-1961. But by means of the Notification dated 31-5-1961, the Government purported to extend the Orders made on 22-10-1960. It was further purported to have been extend the Orders made on 22-10-1960. It was further purported to have been extended by Notifications dated 18-12-1961, 22/25-6-1962, 13-12-1962 and 10-7-1963. It may be noted that all the Notification under the proviso to Section 50 of the "Act" were issued long after the time fixed under the immediately previous Notification had expired the immediately previous Notification had expired. The question is whether those Notification are valid in law.