SARDAR JOGINDRA SINGH Vs. GOVERNMENT OF MADHYA PRADESH AND OTHERS

JUDGEMENT

(1.) BY this petition the petitioner challenges a notification (Annexure D) dated 17th September 1975 issued under section 43 (1) of the Motor Vehicles Act, 1939, containing directions regarding new fares for stage carriage. These directions substitute new Clauses (i) and (ii) in an earlier notification issued on the same subject on 6th November 1973. The object of the change is to increase the fares.

(2.) BEFORE the issue of the impugned notification, the draft directions were published in the Madhya Pradesh Gazette dated 29th July 1975 as required by the proviso to section 43 (1) of the Act. The notice publishing the draft directions is Annexure A to the petition and in so far as relevant reads as follows:

(3.) THE petitioner challenges the validity of the notification on the ground of non -compliance of the proviso to section 43 (1) of the Act. The relevant part of section 43 (1) reads as follows: