RAJNI KANT VERMA Vs. STATE

JUDGEMENT

(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 petitioner's 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 fundamental right guaranteed by Article 19 (1) (a) of the Constitution. Article 19 (1) (a) of the Constitution, guarantees the right of freedom of speech and expression to all citizens. It is said that the restriction on the use of loudspeakers amounts to undue interference with the right of freedom of speech and expression.