RICKSHAW MALIK SANGH JABALPUR Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed by three petitioners. Petitioner No. 1. is Rickshaw Malik Sangh Jabalpur which is an Association of rickshaw owners. Petitioner No. 2 is the Secretary of petitioner No. 1, whereas petitioner No. 3, Rickshaw Yatayat Sangh, Raipur, is a branch of Rickshaw Malik Sangh, petitioner No. 1. These petitioners have challenged the constitutional validity of Madhya Pradesh Cycle Rickshaw (Anugyaption Ka Viniyaman) Adhiniyam, 1984, (hereinafter referred to as the Adhiniyam). During the course of arguments, the validity of S.4 alone of the Adhiniyam was challenged by learned counsel for the petitioners on the ground that it infringes the fundamental right of the rickshaw owners whom the petitioners represent to car on trade or business of owning rickshaw and hiring the same for income and is thus violative of Art.19(1)(g) of the Constitution.

(2.) Having heard learned counsel for the parties, we find it difficult to agree with this submission. Section 4 of the Adhiniyam reads as hereunder :

(3.) It was then urged by learned counsel for the petitioners that the Adhiniyam was beyond the legislative competence of the State Legislature of M.P. and as such, it was ultra vires. We find it difficult to agree with this submission either. Entry 5 of List II of the Seventh Schedule to the Constitution, reads as hereunder :