TaxTMI 
TaxTMI 
TaxTMI 
2018 (2) TMI 1920
X X X X Extracts X X X X
X X X X Extracts X X X X
....Respondent No.3 came for hearing before the State Transport Authority on 16.10.2014. On the date of hearing both counsel for the applicant as well as counsel for the objectors were heard. The State Transport Authority allowed the modification and decided to change the time schedule as prayed by the applicant in the public interest. The order was issued by the State Transport Authority on 15.12.2014. Aggrieved by the order dated 15.12.2014, Writ Petition No.883 of 2015 was filed by the two petitioners who were objectors before the State Transport Authority. In the writ petition various grounds were taken questioning the application filed by the applicant Pawan Arora. One of the grounds taken before the learned Single Judge was that although the State Transport Authority heard the matter on 16.10.2014 consisted of Chairperson and two members, however, the order was delivered with the signatures of Chairperson and only one member, since one member, Shri Sanjay Choudhary was transferred in the meanwhile, hence, the order dated 15.12.2014 is illegal. The learned Single Judge accepted the contention of the writ petitioners and allowed the writ petition by setting aside the order dat....
X X X X Extracts X X X X
X X X X Extracts X X X X
....-section (3), and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas (in this Chapter referred to as regions) as may be specified in the notification, in respect of each Regional Transport Authority; the powers and functions conferred by or under this Chapter on such Authorities: Provided that in the Union territories, the Administrator may abstain from constituting any Regional Transport Authority. (2) .................................... (3) The State Transport Authority and every Regional Transport Authority shall give effect to any directions issued under section 67 and the State Transport Authority shall, subject to such directions and save as otherwise provided by or under this Act, exercise and discharge throughout the State the following powers and functions, namely : (a) to co¬ordinate and regulate the activities and policies of the Regional Transport Authorities, if any, of the State ; (b) to perform the duties of a Regional Transport Authority where there is no such Authority and, if it thinks fit or if so required by a Regional Transport Authority, to perform those duties in respect of any route com....
X X X X Extracts X X X X
X X X X Extracts X X X X
....man, who shall record the decision by endorsement on the form of application or other document, as the case may be, according to the votes received and the vote or votes cast by the Chairman. The record of the votes cast shall not be available for inspection by any person save by a member of the Transport Authority at a regularly constituted meeting of the Transport Authority. No decision shall be made upon procedure by circulation, if before the date by which the voles of members are required to reach the office of the Transport Authority, not less than one-third of the members of the Transport Authority have given notice in writing to the Secretary demanding that the matter be referred to a meeting of the Transport Authority. (4) The number of votes, excluding the Chairman's second or casting vote, necessary for a decision to be taken upon procedure by circulation shall not be less than the members necessary to constitute a quorum. xxx xxx xxx xxx 10. The facts of the case, as noted above, reveal that State Transport Authority convened the meeting of the Authority by issuing the Agenda for 16.10.2014. In addition to Chairperson, two members - Shri Sanjay Chaudhary, Trans....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e application by the two members (Chairperson and one member) alone, since the order was singed only by the Chairperson and one member, on 15.12.2014. 12. The statutory provisions of the Motor Vehicles Act, 1988 as well as the Madhya Pradesh Motor Vehicles Rules, 1994 indicate that the State Transport Authority is a multi¬member body constituted by the State Government under Section 68(1). The State Transport Authority is a multi¬member body which transacts business in meeting except in case of emergency. Meeting is to be convened at such time and at such place as the Chairman may appoint. Three days' notice is required to be given to the members and quorum of the meeting is the Chairman or the nominated Chairman and two other members, i.e., quorum is three. In the present case, there is no dispute that when the meeting was held on 16.10.2014 quorum was complete since Chairperson and two members were present which fact is clearly noticed in the order dated 15.12.2014 as extracted above. The three members who were present in the meeting heard the applicant and objectors. But the order could be issued only on 15.12.2014, by which one of the members had been transferred a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ate Transport Authority shall be taken in accordance with the opinions of the majority but there being no special majority provided for decision to be taken in the meeting of the State Transport Authority, normal, rule that decision by majority of the members present has to be followed. In the present case when three members were present and quorum was complete, the decision taken by majority, i.e., opinion of two members shall form the valid decision of the State Transport Authority. 16. Rule 65 sub¬section (2) of the Rules dealing with the conduct of business of Transport Authorities provides: "65(2) The State or Regional Transport Authority, as the case may be, may decide any matter of urgent nature without holding a meeting by the majority of votes of members by recorded in writing and send to the Secretary (hereinafter referred to as the procedure by circulation)." 17. Thus, the concept of taking decision by majority of votes of the members is very much present in the scheme of the Rules. Although, where a decision is to be taken by the circulation by votes a special majority is provided in Rule 65(4) but present being not a case of decision by circulation, simple majo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....y of us on account of the unexpected death of Mr. Justice. Menon. K.S.B. Appeal allowed." 21. In the above case judgment was pronounced with the concurrence of the three judges. When the hearing took place opinion of all the three Judges was expressed but judgment could be singed by two Judges since one of the Judges died. Although, the facts of the above case was little different i.e. there was material to indicate that the third Judge who could not sign had also concurred with the opinion, but in the present case there is no pleading of third member whether agreeing or not agreeing with the decision. For the present case, we proceed on the premise that the third member did not agree with the decision. For the decisions of this Court, Article 145 sub-clause (5) of the Constitution of India provides that judge of this Court can deliver a judgment with the concurrence of a majority of the Judges present at the hearing of the case. 22. The present is a case where decision by a multi¬member body is to be taken in the meeting of the Committee as per the statutory Rules. There being no such majority provided for taking a decision, the decision by majority has to be accepted as t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ing judgment but before he has had a reasonable opportunity to sign it. The Court must have inherent jurisdiction to supply such a defect. The case of a Judge who has gone on leave before signing the judgment may call for more comment, but even so the convenience of the Court and the interest of litigants must prevail. The defect is merely an irregularity. But in truth the difficulty is disposed of by Sections 99 and 108 of the Civil Procedure Code. Section 99 provides that no decree shall be reversed or substantially varied nor shall any case be remanded, in appeal on account of any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court. That Section conies in the part dealing with appeals from original decrees. But Section 108 applies the same provision to appeals from appellate decrees and it is always in the discretion of the Board to apply the principle on appeal to His Majesty in Council. In their Lordships' judgment, the defect here was an irregularity not affecting the merits of the case or the jurisdiction of the Court, and is no ground for setting aside the decree. " 24. Another judgment, wh....