In a setback for the ruling BJP, the Supreme Court on Monday dismissed its petition challenging the West Bengal government order banning the use of mikes and loudspeakers near the residential areas in the state, saying exams are more important than political rallies.

According to ANI, the top court dismissed the West Bengal Bharatiya Janata Party's (BJP) petition seeking setting aside the West Bengal High Court order which had put a ban on the use of mikes and loudspeakers in the residential areas in the state.

The State Pollution Control Board of West Bengal had first issued the order banning the use of mikes and loudspeakers in the residential areas, which was challenged by the state unit of BJP in the top court.

"You are challenging an order of 2013?", asked Chief Justice Ranjan Gogoi at the outset, reported LiveLaw.com

"Yes, but it is applied every year. Your Lordships had passed an order disposing of the appeal with the direction that we procure the requisite permission...", senior counsel Mukul Rohatgi had submitted before the top court.

"We are not saying that you are coming late...but the children are writing their exams around this time...", the Chief Justice said in his reply.

"Yes, that is an important issue, but so is this. This is also the time when I have to do my rallies and public meetings (the general elections being in May)...if we do it in a 'maidan', there would be no problem...there must be some balance under 19(1)(a)...", Rohatgi argued.

However, as the CJI proceeded to dismiss the plea, the senior advocate quickly expressed his desire to withdraw the petition leaving it to the High Court "to do some balancing" in the issue.