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Supreme Court dismissed the BJP West Bengal’s plea challenging the 2013 order passed by West Bengal Pollution Control Board on the grounds that this is the time when election campaigns, rallies and public meetings are conducted and there is a need to maintain some balance under Article 19(1)(a) of the Constitution.
The 2013 order stated that “The Governor is pleased to prohibit the use of microphone or loudspeaker in residential areas or where educational institutions are situated three days prior to the commencement of Secondary and Higher Secondary Examination conducted by any Board or Council and till completion of such examination and the use of such microphone or loudspeakers shall not be allowed that can substantially affect the examinees or the examinations.”
The Senior Advocates returned dissatisfied as the court gave priority to the examinations of the students than the election campaigns. Also, when the senior advocates asked to withdraw the petition instead of dismissal for the want of approaching the High Court, Chief Justice Ranjan Gogoi said: “If You want to withdraw, withdraw it. But we are not giving any liberty to approach the High Court.”
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