RAJALEKSHMI MOTOR SERVICEKOZHIKODE Vs. GOVT OF KERALA

JUDGEMENT

(1.) This is an appeal by the third respondent in O. P. No, 132 of 1959. The appellant was granted a stage carriage permit by the second respondent, the Regional Transport Authority, Kozhikode, on 13-11-1958. The petitioner, the third respondent in this appeal, contended that there was no properly constituted Regional Transport Authority in existence on that date, and that the permit cannot hence be sustained. The contention was upheld, and the permit was held to be invalid by the decision under appeal.

(2.) Chapter IV of the Motor Vehicles Act, 1939 relates to the control of transport vehicles, and Section 44 which occurs in that Chapter deals with the Transport Authorities. Sub-sections (1) and (2) of that section (omitting the provisions thereto) read as follows-. (1) "The State Government shall, by notification in the official Gazette, constitute for the State a State Transport Authority to exercise and discharge the powers and functions specified in subsection (3), and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such area (in this Chapter referred to as regions) as may he specified in the notification in respect of each Regional Transport Authority, the powers and functions conferred by or under this Chapter on such Authorities." 2. "A State Transport Authority or a Regional Transport Authority shall consist of a Chairman who has had judicial experience and such other officials and non-officials, not being less than two, as the State Government may think fit to appoint; but no person who has any financial interest whether as proprietor, employee or otherwise in any transport undertaking shall be appointed as or continue as a member of a State or Regional Transport Authority and, if any person being a member of any such Authority acquires a financial interest in any transport undertaking, he shall, within four weeks of so doing, give notice in writing to the State Government of the acquisition of such interest and shall vacate office."

(3.) In exercise of the powers conferred by subsection (1) the Government of Kerala issued the following notification on 7-5-1957: