GOVERNMENT OF ANDHRA PRADESH Vs. DURGA SURYANARAYNA

JUDGEMENT

(1.) In all the writ appeals the proceedings of the Regional Transport Authorities either suspending or canceling the stage carriage permits, were impugned as invalid as the non-Official member had not participated in the said proceedings, Justice Kumarayya as he then was, set aside the proceedings of the concerned Regional Transport Authorities upholding the objection. The Judgment setting aside the orders of the Regional Transport Authorities concerned came up before a Division Bench of this Court which referred the cases as involving points of importance for decision by a Full Bench and that is how the matter has come before us on the orders of the Honble the Chief Justice.

(2.) The points for decision were formulated thus:- (1) Whether the State Government has power under Section 68 to prescribe a quorum for the conduct of business of the Regional Transport Authorities, created under Section 44 of the Motor Vehicles Act, 1939 (Act IV of 1939)? (2) If so, whether the Rule 163 if the Andhra Pradesh, Motor Vehicles Rules, 1964 is repugnant to Section 44 of the Act and fails for that reason? The facts are not incontroversy that the Regional Transport Authorities concerned levied penalties of either cancellation or suspension of the stage carriage permits of the operators concerned under Section 60 of the Motor Vehicles Act, 1939 (Act IV of 1939) hereinafter to be referred to as the Act; but the objection is that the non-Official member had not participated in the said proceedings.

(3.) The relevant provisions may be appropriately read here and interpreted and the relevant case law referred to in the approtipate context.