SACHAN CHANDRA DAS Vs. EDILIK SANGMA

JUDGEMENT

(1.) IN these seven revision petitions, the common question urged by the petitioner which needs to be decided is whether the Deputy Commissioner of the West Garo Hills District could be appointed as a member of the Motor Accidents Claims Tribunal under Section 110 of the Motor Vehicles Act, 1939, (hereinafter mentioned as 'the Act of 1939') and now under Section 165 of the Motor Vehicles Act, 1988 (hereinafter mentioned as 'the Act of 1988'). As such, petitions are disposed of by the common judgment.

(2.) SUB -section (3) of Section 110 of the Motor Vehicles Act, 1939, provides that:

(3.) ALTHOUGH other points are taken in the revision petition, but Mr. B.K. Das, learned Counsel for tire petitioner, has confined his submission only on the point that Deputy Commissioner West Garo Hills, is not qualified to be appointed as a member of the Motor Accidents Claims Tribunal inasmuch as he is not a Judge of the High Court nor he has been a District Judge and/or is qualified to be appointed as a Judge of the High Court. He is a pure and simple Administrative Officer. Mr. B.K. Das has drawn may attention to Article 233 of the Constitution which provides: