STATE OF MYSORE Vs. K G JAGANNATH

JUDGEMENT

(1.) THIS is an appeal against the judgment of the High Court of Mysore striking down Rule 216 (2) of the Mysore Motor Vehicles Rules, 1963, introduced on 7th October, 1969, on the ground that it violates Art. 19 (1) (g) of the Constitution.

(2.) THE respondent, who is a transport operator plying buses between Doddaballapur and Tumkur, wanted to replace one of his buses running on that route with a new one. Under the permit granted to him, which was valid up to 30-10-1975, his bus had a seating capacity of 30. On 2-11-1970 he applied to the Regional Transport Officer. Bangalore Region, for permission to alter the seating capacity of the new bus. which he had acquired, from 40 to 30. This application having been rejected he filed a petition for issue of a writ of mandamus directing the Regional Transport Officer to grant the necessary permission, and that petition having been allowed the State of Mysore has come on appeal to this Court by special leave.

(3.) SECTION 70 of the Motor Vehicles Act enables rules to be made regulating the construction, equipment and maintenance of motor vehicles. In addition there is power to make rules regarding the seating arrangements in public service vehicles. Under S.48 (3) of the Act there is provision for fixing the maximum number of passengers that may be carried on any specified vehicle or on any vehicle of a specified type. One of the conditions that may be attached to a permit under clause (xx) of that section is that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority. Under SECTION 60 of the Act a permit may be cancelled or suspended if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit. Under SECTION 123 whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of any conditions of a permit in regard to the maximum number of passengers that may be carried on the vehicle is also liable to punishment with a fine which may extend to one thousand rupees for the first offence and imprisonment that may extend to six months or with fine which may extend to two thousand rupees, or with both for subsequent offences. Under Rule 137 of the Mysore Motor Vehicles Rules any of the conditions of the permit (which naturally includes the condition regarding the maximum number of passengers that might be carried) can be varied only after following the preseribed procedure. In view of these circumstances it- is contended on behalf of the respondents that it is not possible for the transport operator to overload his buses in contravention of the conditions of his permit and that that cannot be a reason for fixing a minimum number of seats in a bus. It is also argued that while there is a specific section which enables the maximum number of passengers that can be carried on a bus to be prescribed, there is no such power to prescribe the minimum number of passengers that can be carried in a bus.