Majority decision by a multi-member statutory authority remains valid despite one member's later transfer and non-signature.

A multi-member statutory authority's decision remained valid where the matter was heard with quorum complete and the governing rules did not require unanimity or a special majority. The record showed that the order was considered by the Chairperson and two members, and the absence of one member's signature after transfer did not vitiate the decision. In the absence of any statutory requirement that all members sign or that the decision be unanimous, the majority view of the members who heard the matter constituted the lawful decision of the authority. The challenge to competency therefore failed, and the majority decision was upheld.

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Issues: Whether the order of the State Transport Authority was invalid because, after the hearing before all three members, it was signed and issued only by the Chairperson and one member when the third member had been transferred.

Analysis: The State Transport Authority is a multi-member statutory body under the Motor Vehicles Act, 1988 and the Madhya Pradesh Motor Vehicles Rules, 1994. The Rules prescribe quorum for a meeting and also recognise decision-making by majority in the scheme governing transport authorities. The hearing was held with quorum complete, and the authority's order itself recorded that the matter was heard on that date by the Chairperson and two members. In the absence of any statutory requirement of unanimity, and with no special majority prescribed for such a decision, the opinion of the majority of the members who heard the matter constituted the valid decision of the Authority. The mere fact that one member was transferred before the order was issued did not invalidate the decision, especially when the record did not show any objectionable infirmity in the decision-making process.

Conclusion: The order signed by the Chairperson and one member was valid, and the challenge to its competency failed.

Final Conclusion: The High Court's view was set aside and the State Transport Authority's decision was upheld as a lawful majority decision of the statutory body.

Ratio Decidendi: Where a multi-member statutory authority hears a matter with quorum complete and the governing rules do not require unanimity or a special majority, the decision of the majority of members who heard the matter is valid, and subsequent non-signature by a transferred member does not by itself vitiate the order.

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