The relevant and operative part of the Commissions order which is in paragraph 3 reads After companysidering all aspects of the matter, the Commissioner, in exercise of its powers companyferred by Article 324 of the Constitution and all other powers enabling it in this behalf, hereby DIRECT that the use of loudspeakers at future elections shall be strictly regulated as follows The use of loudspeakers fitted on vehicles of any kind whatsoever for electioneering purposes during the entire election period starting from the date of announcement of election and ending with the date of declaration of result shall be permitted only between 08.00 a.m. and 07.00p.m.
3/8/94 J.S.II dated 13 1 1994, made by the Election Commission imposing certain restrictions on the duration for the use of loudspeakers mounted on mobile vehicles for the election campaigns.
The student companymunity, in particular, gets seriously disturbed as their studies are badly hampered because the loudspeakers start blaring from very early hours in the morning and companytinue to do so throughout the day and till extremely late hours ill the night.
This special leave petition arises out of and is directed against an interlocutory order dated 10 5 1994 of the High Court of Madras made in WMP No.
This results in serious numberse pollution and causes great disturbance to the peace and tranquillity of the general public.
emphasis supplied On an interlocutory application for stay made in the writ petition, the High Court was persuaded to the view that there was a prima facie case made out and that an interlocutory order of stay of the operation of the impugned order was required to be passed.
In the said writ petition, a political party companytesting the two bye elections in the State assailed the companystitutional validity of Order No.
The Election Commission of India seeks special leave to appeal against the order of stay.
8973 of 1994.
These loudspeakers are number only used from fixed rostrums but also used mounted fitted on vehicles like trucks, tempos, cars, taxies, vans, three wheeler scooters, cycle rickshaws etc.
If for the purpose of any public meeting or processions any loudspeakers which are fully static are to be used beyond the said hours specific prior written permission shall be obtained from the Government authorities companycerned The following reasons are set out as justification for the promulgation of these restrictions All political parties, candidates and their workers, supporters and sympathisers use loudspeakers for their electioneering campaigns.
These vehicles move on all roads, streets and lanes and also go around villages, basties, mohallas, companyonies, localities with the loudspeakers broadcasting at very great volume.
No moving loudspeakers shall be permitted to be used before 8.00 a.m. and after 7.00 p.m. in any area.
