K RAMACHANDRA NAIDU Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) In this batch of writ petitions, the Notice issued by the Joint Secretary to the Government (Home Department), dated 17th April, 1973 calling upon the bus operators, who had filed objection petitions and representations before the Government in respect of the publication of certain schemes for taking over certain bus routes, to appear before the Secretary to the Government (Home Department) on 10th May, 1973 for hearing their objections, is challenged on the main ground that the Secretary to the Government has no jurisdiction and is not competent to hear the objections to the scheme of nationalisation under section 68-D of the Motor Vehicles Act as, by reason of the proclamation suspending part of clause (3) of Article 166 of the Constitution, all the powers of the Governor and functions of the State Government have been taken over by the President and thereafter, it is the President alone that can exercise the exec tive power of the State and that the order of the President in G.S.R. No. 14 (E), dated 18th January, 1973 does not confer powers upon the Governor to delegate his functions to any officer subordinate to him, as the power Conferred upon the Governor is limited in its extent and application.

(2.) The facts leading to the filing of the writ petitions are these: The General Manager of the Andhra Pradesh State Road Transport Corporation (hereinafter referred to as "The Corporation") formulated 133 draft schemes for the purpose of plying the Corporation's motor vehicles on various routes in the districts of Rayalaseema and Nellore and there was publication of the schemes as required under section 68-C of the Motor Vehicles Act (hereinafter referred to as "the Act") setting out all particulars necessary respecting thereto in the Andhra Pradesh Gazette, Part II, Extraordinary, dated 15th November,1972. Against the schemes published by the Corporation, objections were filed by the petitioners and several others. On receipt of the objection petitions, the Joint Secretary to the Government (Home Department) issued the impugned individual notices dated 17th April, 1973 to all those persons who had filed objections stating that their objections will be heard by the Secretary to the Government (Home Department) as required under section 68-D of the Act from 7th May, 1973 to 11th May, 1973 and such of those objectors who are interested in personal hearing may attend the meetings on the dates specified in the notices given to each of them. It is against the said notices that these writ petitions have been filed.

(3.) The main question that arises for consideration is : what are the powers and functions of the Governor in whom the executive power of the State is vested under Article 154 of the Constitution before and after assumption by the President under Article 356 of the Constitution of the functions of the Government of the State and the powers vested in or exercisable by the Governor.