Calcutta High Court (Appellete Side)
Bahujan Mukti Party vs 5.03.19 The State Of West Bengal & Ors on 15 March, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
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W.P. No.6163 (W) of 2019
Bahujan Mukti Party, Malda District Committee
v.
15.03.19The State of West Bengal & Ors.
SL-16
Ct-08 Mr. Pratik Dhar. Ld. Sr. Adv.
(S.R.) Mr. Anindya Bose
Mr. Chandrachur Chatterjee ... for the petitioner.
Mr. Amitesh Banerjee, Ld. Sr. Counsel
Mr. Tarak Karan ... for the State.
An order dated March 13, 2019 issued by the Sub- Divisional Officer, Malda Sadar rejecting a request for grant of permission to use microphones and loud speakers in connection with a party meeting is under challenge in the present writ petition.
Learned senior advocate appearing for the petitioner draws the attention of the Court to a judgment and order dated April 6, 2011 passed by a Division Bench in AST No.138 of 2011 (Mukul Roy & Anr. v. State of West Bengal & Ors.) and submits that, the Division Bench directed the Department of Environment, Government of West Bengal and West Bengal Pollution Control Board to permit the political parties and candidates who are contesting elections for Assembly in North Bengal except Darjeeling town, to hold public meeting by using 2 loudspeakers/microphones in open ground area subject to statutory rules and regulations governing the subject between 10.00 a.m. to 8.00 p.m. with effect from April 9, 2011 till April 16, 2011. Therefore, on an analogy of such directions, similar restrictions may be imposed so far as the petitioner is concerned. Alternatively, he submits that, in the event, the petitioner is willing to hold the meeting without user of microphones, they may be permitted to do so.
Learned senior advocate appearing for the State referring to the notification dated February 5, 2013 submits that, user of microphones and loud speakers are prohibited during Secondary and Higher Secondary Examination conducted by any Board or Council. He refers to Mukul Roy & Anr. (supra) and submits that, the same was an interim order and that, the Division Bench made it clear that, the interim order should not be treated as a precedent for future as it was passed considering the exigency of the circumstances for the purpose of enabling the political parties and candidates who were contesting the Assembly Election and restricted it to the constituencies of North Bengal.
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In the facts of the present case, the election commission has declared the dates for election the Lok Sabha. The petitioner seeks to hold a political meeting in relation thereto. Its application to the Sub-Divisional Officer for user of loudspeaker/microphone stands rejected on the ground of prohibition imposed by the State.
Mukul Roy & Anr. (supra) was rendered on April 6, 2011. There is a subsequent notification of the State dated February 5, 2013 on the subject. The notification prohibits the user of microphones and loud speakers during Secondary and Higher Secondary Examination of any Board or Council. The subsequent notification is not under challenge. Moreover, Mukul Roy & Anr. (supra) made it clear that, the same should not be treated as a precedent for future. It was limited to the Assembly Elections then obtaining.
There is no infirmity in the impugned order warranting any interference by a Writ Court. It is clarified that, in the event, the petitioner is willing to hold the meeting without user of loudspeaker and microphone, the petitioner is at liberty to do so subject to the permission 4 being granted by the appropriate authority in this regard. The Court is informed that, the petitioner filed the annexures to the impugned writing dated March 13, 2019 with the appropriate authority. Such appropriate authority is requested to consider such application of the petitioner, in accordance with law and inform the petitioner of its decision within twenty-four hours from now, as the scheduled meeting is on March 17, 2019.
W.P. No.6163 (W) of 2019 is disposed of without any order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)