STATE OF MAHARASHTRA Vs. MADHAVRAO SHANKARRAO BAHIRAV

JUDGEMENT

(1.) By these five writ petitions under Article 226 of the Constitution of India, the petitioners have challenged the legality of an order passed by Respondent No. 2 - the Superintendent of Police, Aurang- abad - dated August 22, 1982, in exercise of his powers under section 25 (2) of the Bombay Police Act, 1951 read with proviso (b) to clause (2) of Article 311 of the Constitution.

(2.) It appears that Respondent No. 1 - The State of Maharashtra- has given recognition to form an association of the police constables and further to form the District Branch Committees of such association. The elections of the office-bearers of the Police Association of Constabulary, District Branch Committee, Aurangabad, were hold on August 10, 1981 and September 21, 1981, in which the petitioners in all these five writ petitions were elected as office-bearers and members of the said committee. It further appears that one Louis Francis was elected as the President of the Police Association of Constabulary, District Branch Committee, Aurangabad, but there was vote of no confidence against him and the petitioner in Writ Petition No. 501-A of 1982 - Namdeo s/o Jairam Velankar - was elected as the acting President on July 29, 1982.

(3.) It further appears that in pursuance of the provisions of Article 33 of the Constitution, the Parliament enacted the Police Forces (Restriction of Rights) Act (Act No. 33 of 1966). This Act is hereinafter referred to as "the said Act". The said Act provides for the restriction of certain rights conferred by Part III of the Constitution in their application to the members of the Forces charged with the maintenance of public order so as to ensure the proper discipline of their duties and the maintenance of discipline among them. The said Act was made applicable to the State of Maharashtra by issuing a notification in Official Gazette with effect from July 15, 1979.