MOHAMMED ALI Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) Casting vote is not a novel feature in this State. The effect of an omission to exercise the casting vote, in the context of R.157 of the Kerala Motor Vehicles Rules, 1961, arises for consideration in this writ petition. The situation, that way, is novel.

(2.) The factual area is not controversial. Pursuant to a direction of the State Transport Appellate Tribunal, the Regional Transport Authority had to consider the question of a grant of a regular permit on a route. That question was taken up on 19-4-1986. The agenda for the meeting included two matters: (a) perusal of the judgment of the S.T.A.T., and (b) the consideration of the applications received for the grant of the permit. On the first, the R.T.A. noted: "Perused"; and on the second, "deferred till the next meeting for report of D.T.C." The next meeting was held on 17-5-1986. Now there is no controversy about the voting pattern, (The word Thomas, Babu .......... as given in the copy of the proceedings filed in the writ petition conveyed an erroneous impression of there being two persons Thomas and Babu. Thomas Babu, it is agreed, is a single person.) Ten members were present in the meeting, inclusive of the Chairman. A question whether an enquiry should be conducted about the genuineness of the driving licence produced by the petitioner was considered. Five members voted in favour, and five against, the proposal. There was an equality of votes. R.157 of the Kerala Motor Vehicles Rules, 1961, has provided for such a contingency. It reads:

(3.) The Chairman did not exercise the casting vote. There does not appear to be any scope for doubt or dispute on that question. Even with this factual situation, Ext. P4 proceedings, contained a directive "to issue notice". That was in relation to the disqualification referred to in R.30 of the Kerala Motor Vehicles Rules. (Here again the proceedings contain verbal and other errors which should have been avoided.) It is this directive that is challenged by the petitioner.