BANGALI PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The moot question in this writ petition is as to the interpretation and vires of S. 43-A of the Motor Vehicles Act as has been enacted by the Amending Act, namely, Bihar Act 4 of 1979, a State amendment.

(2.) The petitioner is a Bus operator and Secretary of Muzaffarpur District Transport Association. He has prayed for quashing Memo No. 7236 dated 23rd June, 1988, which is purported to be issued by the State Government in exercise of the power conferred under S.43-A empowering the State Transport Authority, Bihar, Patna, to grant permit for inter-regional routes covering more than two regions and counter-signature of all inter-regional permits by the State Transport Authority, Bihar.

(3.) The learned lawyer appearing on behalf of the petitioner raises the following questions of law: (a) Section 43-A of the Motor Vehicles Act as amended by Bihar Act 4 of 1979 is invalid because it confers unguided and unbridled power on the executive to the extent of even nullifying the express legistative provisions and policy of the Act. (b) Whether the State of Bihar could create a new jurisdiction in favour of the State Transport Authority by depriving the Regional Transport Authorities of their quasi-judicial functions by an executive direction contrary to the specific provision of the Act? (c) Whether the power to issue executive direction could clothe the State of Bihar with the legislative functions for creating jurisdiction and divesting authorities of their statutory functions? (d) Whether the power exercisable by the executive under S.43-A of the Act should be restricted to the executive field without encroaching upon the quasi-judicial or legislative field?