HIMMAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE following question has been referred by a learned single Judge of this court:--

(2.) SECTION 15-A was inserted by Section 3 of Rajasthan Act No. 6 of 1958 published in the Rajasthan Gazette dated 17-3-58. It was amended by Act No. 35 of 1958 published in the Rajasthan Gazette dated 15-11-58, by Act No. 46 of 1958 published in the Rajasthan Gazette dated 24-12-58, by Act No. 7 of 1960 published in the Rajasthan Gazette dated 24-3-60 and by Act No. 5 of 1962 published in the Rajasthan Gazette dated 21-4-62.

(3.) IT was held by this Court in Jassuram v. State of Rajasthan. ILR (1962) 12 Rai 900 = (AIR 1963 Raj 72) that the above provision offended the guarantee given by the Constitution under Article 31 (2) and was ultra vires.