SALAM KAMALKISHORE SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioner who is the Chairman of All Manipur Transport Cooperative Societies Association, a registered body having its office at Wahengbam Leikei, Imphal has brought this petition as a Public Interest Litigation. The petitioner has highlighted the woes of hundreds of Motor Vehicle owners who in the course of their business of various types of Road transportation as required under the law, have to obtain permits from the State Transport authority for various destinations and places. The petitioner has challenged the constitution of the State Transport Authority, Manipur as illegal and prays for quashing the Notification No.2/14/80-T(MV) dated 21.12.95 appointing Respondent No.3 as its Chairman.

(2.) This petition was filed on 5.7.96. It would be seen from the order dated 15.7.96 that the Senior Govt. Advocate had taken notice on behalf of Respondent Nos.l and 2. As for respondents Nos.3 to 8 the petitioner was to take steps for service of notice by next day. On 19.8.96 service of notice on Respondents Nos.3 to 8 was permitted to be effected by Special Messanger at the cost of the petitioner and the matter was directed to be listed on 27.8.96 before-passing any order of Stay.

(3.) On 28.8.96 a preliminary point was raised by the Senior Govt. Advocate appearing for respondents Nos.l and 2 contending that it was not a public interest litigation, as such not maintainable. This point was decided by an elaborate order dated 28.8.96 holding "In our view, therefore, the contention of Mr.Shyamkishore that this is not a public interest litigation has no substance and is accordingly rejected". Thereafter, this petition was listed before us on 17.9.96 when the learned Govt. Advocate submitted that although instructions and documents have been received, but the affidavit could not be prepared. Considering the nature of the controversy which is essentially legal in nature, two days time was granted for filing a counter making it clear that the matter would be heard and disposed of irrespective of the fact that the affidavit is filed or not. Accordingly on 19th this petition was Used and it was heard. Although learned Govt. Advocate Mr. Modhuchandra also appears, it was finally heard.