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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 judgment that struck down an order of the State Transport Authority (STA) on the ground that one of three members who heard the case was transferred before signing the final order. The Supreme Court held that a multi-member statutory body's decision is valid when made by majority of members present at full quorum, even if not all members physically sign the written order. The Court emphasised substance over form: since the STA had complete quorum (Chairperson and two members) when hearing the matter on 16 October 2014, the decision by two members was binding. The appeal was allowed and the High Court's judgments were set aside.

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Motor Vehicles Law Administrative Law State Transport Authority Constitutional Law Statutory Interpretation Majority Decision

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