GULSHAN KUMAR GHAI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner inter alia has challenged the vires of Rules 3, 4 and 5 of Uttarakhand Cable Television Network (Exhibition) Rules, 1997 (hereinafter referred to as ''Rules of 1997 '') - The petitioner wants to run a Cable Television Network for which he has moved an application under Section 3 of the Rules of 1997 before the District Magistrate. The relevant Rule Nos. 3, 4 and 5 of Rules of 1997, which are under challenge reads as under : -

(2.) ACCORDING to the petitioner, the State Government only has powers to impose tax, inter alia on entertainment under Entry No. 62 of List II of Schedule 7 of the Constitution of India, which reads as under: -

(3.) THE Cable Television Networks (Regulation) Act, 1995 was enacted by Parliament in the Forty -sixth year Parliamentary Legislation and subsequently the State Provision Rules of 1997 were framed in the year 1997 where before having a Cable Television Network, a person has to get licence from the District Magistrate under Rule 3 of Rules 1997, which has already been referred above.