1954 (1) TMI 28

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....n raises the question of the constitutional validity of bye-law No. 2 made by the District Board, Muzaffarnagar, U. P., which is challenged as being 'ultra vires' the powers of the Board under Section 174(2)(1)of the United Provinces District Board Act X of 1922 and as being an infringement of the fundamental right of the petitioner under Article 19(1) (g) of the Constitution. 2. The peti....

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....ny cattle market in the District within the jurisdiction of the Board" The question is whether the aforesaid bye-laws is 'ultra vires' the powers of the District Board and whether it violates the fundamental right of the petitioner to carry on his business within the meaning of Article 19(1)(g) of the Constitution. Section 174 of the U. P. District Board Act, 1922 deals with the pow....

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....ese provisions show that the power of the Board to make bye-laws is to be exercised for the purpose of promoting or maintaining the health, safety and convenience of the inhabitants of the area within its jurisdiction and that this power includes the power to regulate markets as mentioned in sub- section 2(1). The bye-law passed by the District Board is not one passed for regulating the market but....

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....getables was auctioned by the Board to the highest bidder and a place was also fixed as the market where such business could be carried on. A person who had been carrying on wholesale business in vegetables before the bye-laws came into force applied for a license to carry on his business at his shop but his application was rejected and he was prosecuted for contravention of the bye-laws. This cou....