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Supreme Court of India 2018-02-08 allowed

State of Madhya Pradesh through Principal Secretary & Anr vs Mahendra Gupta & Ors

Bench: 2 — Ashok Bhushan

In Brief

The State of Madhya Pradesh appealed a High Court decision that had invalidated a State Transport Authority order allowing a transport operator's application to modify vehicle movement schedules. The STA had heard the matter with a complete quorum (Chairperson and two members) on 16 October 2014, but the order was signed on 15 December 2014 by only the Chairperson and one member—the third member having been transferred in the interim. The Supreme Court held that the order was valid as a valid expression of the majority opinion of the three members who heard it. The court emphasized that substance prevails over form: where no statutory special majority is required, a simple majority of members present at the hearing binds the entire multimember body. The transferred member's silence did not vitiate the decision.

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Motor Vehicles Law Administrative Law Statutory Bodies Multimember Bodies Procedural Law Majority Rule State Transport Authority

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