Ashok Bhushan JUDGMENT
Ashok Bhushan, J.
1. The State of Madhya Pradesh is in appeal against the judgment of Division Bench of the High Court of Madhya Pradesh, Bench at Gwalior dated 22.03.2017 by which judgment writ appeal filed by the State questioning the judgment of the learned Single Judge dated 17.03.2015 has been dismissed.
2. The parties shall be described as referred to in the writ petition. The facts giving rise to this appeal are:
The writ Petitioners have permanent permit for two routes, one Gwalior to Bhander and second Gwalior to Datia. Respondent No. 3 has also the permanent permit for the route Gwalior to Jhansi. Respondent No. 3 preferred an application for modification of time Schedule for movement of his vehicle. The application of Respondent No. 3 came for hearing before the State Transport Authority on 16.10.2014. On the date of hearing both counsel for the applicant as well as counsel for the objectors were heard. The State Transport Authority allowed the modification and decided to change the time Schedule as prayed by the applicant in the public interest. The order was issued by the State Transport Authority on 15.12.2014. Aggrieved by the order dated 15.12.2014, Writ Petition No. 883 of 2015 was filed by the two Petitioners who were objectors before the State Transport Authority. In the writ petition various grounds were taken questioning the application filed by the applicant-Pawan Arora. One of the grounds taken before the learned Single Judge was that although the State Transport Authority heard the matter on 16.10.2014 consisted of Chairperson and two members, however, the order was delivered with the signatures of Chairperson and only one member, since one member, Shri Sanjay Choudhary was transferred in the meanwhile, hence, the order dated 15.12.2014 is illegal. The learned Single Judge accepted the contention of the writ Petitioners and allowed the writ petition by setting aside the order dated 15.12.2014.
3. The State of Madhya Pradesh filed writ appeal challenging the judgment of the learned Singe Judge. The State contended before the Division Bench of the High Court that there was no illegality in the order issued by the Chairperson and one member, although, it was heard by three members when the meeting took place on 16.10.2014. The Division Bench dismissed the appeal upholding the view of the learned Single Judge.
4. Learned Counsel for the Appellant in support of the appeal contends that under the Madhya Pradesh Motor Vehicles Rules, 1994 quorum of the meeting of the State Transport Authority is three-Chairman plus two members and quorum was complete when the meeting was held on 16.10.2014, the decision delivered by the majority of the members is in no manner illegal. It is submitted that after hearing, one member was transferred and was not available to be part of the order issued on 15.12.2014. It is submitted that even it is assumed that one member was not agreeing with the decision of two other members, although, there is no such pleading or material on the record, the decision taken by the majority of the members was fully valid and there was no infirmity in the order dated 15.12.2014. It is submitted that the learned Single Judge as well as Division Bench committed error in taking the view that the order dated 15.12.2014 was an illegal order.
5. Learned Counsel for the Respondents supported the order of the High Court and contends that when one member who heard the matter on 16.10.2014 ........