R.A. Sharma, J. - (1.) By this writ petition the petitioner has challenged the U.P. Government's notification dated 26-12-1989, constituting single Member Sate Transport Authority (hereinafter referred to as the S.T.A.) Consisting of Transport Commissioner of U.P. after superseding the earlier S.T.A. of which the petitioner was one of the members. The impugned notification is reproduced below : "Notification No. 5163T/XXX-4-113/89 Dated : Lucknow, Dec. 26, 1989. In exercise of the power under sub-section (1) and (2) of Section 68 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988) read with Section 91 of the General Clauses Act, 1897 (Act No. X of 1897), and in supersession of Government Notification No.44 GII/30-4-113/89 dated July 29, 1989, the Government considering it necessary and expedient so to do, is pleased to reconstitute the State Transport Authority consisting of the Transport Commissioner, Uttar Pradesh."
(2.) Learned counsel for the petitioner has challenged the notification on two grounds. Firstly, in exercise of powers under second proviso to sub-sec. (2) of S. 68, the Government can constitute a single member S.T.A. for the region only and not for the State, and secondly, there was no relevant material before the Government for formation of opinion for constitution of single member S.T.A. Learned Special counsel for the S.T.A., apart from justifying the impugned notification on merit, has also argued that the Government's opinion under second proviso, being based on subjective satisfaction is not liable to be challenged before this Court and further the opinion has been formed by the highest authority in the Government, namely, the Transport Minister and as such, there is strong presumption in favour of regularity of the Act and the writ petition is, as such, liable to be dismissed.
(3.) Section 68 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act), which provides for constitution of the Transport Authorities, so far as is relevant, is quoted below : "68 Transport Authorities. (1) The State Government shall, by notification in the Official Gazette, constitute for the State Transport Authority to exercise and discharge the powers and functions specified in subsection (3), and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas (in this chapter referred to as regions) as may be specified in the notification, in respect of each Regional Transport Authority; the powers and factions conferred by or under this Chapter on such Authorities : (2) A State Transport Authority or a Regional Transport Authority shall consist of a Chairman who has had judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law and in the case of a State Transport Authority, such other persons (whether officials or not), not being more than four and, in the case of a Regional Transport Authority, such other persons (whether officials or not), being more than two, as the State Government may think fit' to appoint; ........... Provided .......... Provided further that the State Government may. (i) where it considers necessary or expedient so to do, constitute the State Transport Authority or a Regional Transport Authority for any region so as to consist of only one member who shall be an official with judicial experience or experience as an appellate or a re visional authority or as an adjudicating authority competent to pass any order or take any decision under any law; (ii) .......... (3) The State Transport Authority and every Regional Transport Authority shall give effect to any directions issued under Section 67 and the State Transport Authority shall, subject to such direction and save as otherwise provided by or under this Act, exercise and discharge throughout the State the following powers and functions, namely : (a) to co-ordinate and regulate the activities and policies of the Regional Transport Authorities, if any of the State : (b) to perform the duties of a Regional Transport Authority where there is no such Authority and, if it thinks fit or if so required by a Regional Transport Authority, to perform those duties in respect of any route common to two or more regions; (c) to settle all disputes and decide all matters on which differences of opinion arise between Regional Transport Authorities; and (d) to discharge such other functions as may be prescribed.";