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                                AST 138 of 2011
01   06.04.11                     A.S.T. 138 of 2011

       akd
                                  Mukul Roy & Anr.
                                           Vs.
                             State of West Bengal & Ors.
                                       --------------

Mr. Saktinath Mukherjee, Mr. Somenath Bose, Mr. Joydeep Kar, Mr. Billwadal Bhattacharyya, Ms. Reshmi Ghosh, Mr. Sirsanya Bandopadhyay.

... For the Petitioners.

Mr. Kallol Basu.

... For the WBPCB.

Mr. Sandip Srimani, Mr. Pratik Dhar, Mr. Suryasarathi Basu.

... For the State.

This petition has been filed by the General Secretary of the All India Trinamul Congress and General Secretary of All India Trinamul Congress (Youth) impugning the notification dated 7th March, 2011 in continuation of notification dated 29th December, 2009 issued by the Department of Environment, Government of West Bengal and by West Bengal Pollution Control Board.

As a result of which the political parties are not in a position to hold public meeting during the period i.e. before three days of the commencement of the Secondary and Higher Secondary Examination and till such examinations are over, as per statutory circular dated 17th January, 2011 issued by the West Bengal 2 AST 138 of 2011 Pollution Control Board.

It is submitted by Mr. Mukherjee, learned Senior Counsel appearing on behalf of the petitioners that first batch of Assembly Election schedule in West Bengal during the current year is going to be held on 18th April, 2011 for 54 seats in North Bengal consisting of Constituencies in Darjeeling, Jalpaiguri, Uttar Dinajpur, Dakshin Dinajpur and Malda Districts.

It is submitted that the Secondary and Higher Secondary Examinations conducted by West Bengal Board of Secondary Education and West Bengal Council of Higher Secondary Examination respectively, will be over by 8th April, 2011 and, therefore, reasonable relief is sought by way of a direction from this Court to relax the impugned notification and permit the political parties from using loudspeaker in open area, so as to hold political meetings, otherwise political parties will not be able to reach its voters in the aforementioned constituencies. Therefore, they may be permitted to hold election meetings by using loudspeakers in open area during the daytime and preferably between 10-00 hours and 20-00 hours.

It is submitted that though the examinations conducted by West Bengal Board and Council are over, but the examinations conducted by the Central 3 AST 138 of 2011 Board and Council will over by 13th April, 2011 and there will be hardly any time left for canvassing and reaching the people by holding public election meetings and, therefore, the Court should pass appropriate orders in the matter.

Mr. Kallol Basu, learned counsel appearing on behalf of West Bengal Pollution Control Board has placed before us a written suggestion of the Board. Let the same be taken on record.

Learned counsel submits that considering the exigency of the circumstances, the Court may pass appropriate orders in the matter. In this respect our attention has been drawn to an order dated 20th November, 1997 passed in C.O. 4303 (W) of 1995 [Om Birangana Religious Society vs. State of West Bengal & Ors.] as also various provisions of Air (Prevention & Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 read with Noise Pollution (Regulation & Control) Rules, 2000.

Learned counsel submits that the impugned notification has been issued keeping in mind the decision of this Court and the said rules and regulations. He submits that considering this as an exception, the respondents suggest that the Court may permit the use of loudspeakers in open area, subject to statutory provisions and rules for a reasonable time keeping in mind the interest of students who are appearing for the examinations, 4 AST 138 of 2011 conducted by Central Board of Secondary Education and Indian Council of Secondary Education, which will not be over till 13th April, 2011.

Nobody appears on behalf of Election Commission of India, respondent no.10 herein, at the time of hearing. In our view, the respondent no.10 should take a call in the matter and come up with certain guidelines as part of its code of conduct, while conducting elections in various States by focussing its attention to the welfare and interest of students community, who are required to undergo examinations throughout the year and particularly when they are appearing in the Annual Examinations, such blatant use of microphones in open space are bound to invade their privacy for substantially affecting their studies and future in life.

We could have finally disposed of this petition by passing the orders, which we now propose to pass by way of interim order as we want the respondent no.10 to address us on the said issue.

Therefore, we are keeping this petition pending with a direction to the respondents and particularly respondent no.10, to file their respective affidavit-in- opposition by way of response on or before the next date of hearing.

Taking into consideration the exigency of the 5 AST 138 of 2011 circumstances that the Assembly elections, which are going to be held in the State, shall commence from 18th April, 2011 for 54 seats in North Bengal in about six Districts, we pass the following interim order, which shall be applicable to all Constituencies excepting Darjeeling Town.

We, therefore, direct the respondents i.e. 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 meetings by using loudspeakers / microphones in open ground area subject to statutory rules and regulations governing the subject between 10 a.m. to 8 p.m. with effect from 9th April, 2011 till 16th April, 2011.

We make it clear that this interim order should not be treated as a precedent for future as it has been passed considering the exigency of the circumstances for the purpose of enabling the political parties and candidates who are contesting the Assembly Elections and restricted to the Constituencies as aforesaid in North Bengal.

The matter be now listed after summer vacation i.e. on 24th June, 2011 to enable the parties to file their respective affidavits, so that the petition can be finally disposed of.

AST 138 of 2011 Let photostat plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned counsel for the parties on usual undertaking.

(J.N.PATEL,CHIEF JUSTICE) (ASHIM KUMAR ROY, J.)