Should the statutory exercises by the Regional Transport Authority or its Secretary in the matter of granting permits, conducting timing conferences or allowing replacement of the vehicles be held up owing to the model code of conduct for election?

2. The petitioners are operators of stage carriage whose applications for temporary permit and variation of regular permit are kept pending under the guise of model code of conduct for election. The model code of conduct for the guidance of political parties and candidates issued by the Election Commission of India is conspicuously silent on this issue. But nevertheless the Chief Electoral Officer in partial modification of her earlier order dated 6.3.2009 had issued an order dated 21.3.2009. It was clarified therein that prior permission must be obtained from the Chief Electoral Officer for issuance of permits even if meetings are conducted by Regional Transport Authority. The applications for issuance or renewal of permits were also directed to be referred to the office of the Chief Electoral Officer in case any doubt arises as regards the breach of the model code of conduct. It is presumably on the basis of the aforesaid order of the Chief Electoral Officer did the Regional Transport Authority defer the applications.

3. The petitioners contended that the model code of conduct issued by the Election Commission of India did not impinge on the consideration of the applications sought for. The petitioners added that the statutory exercises by the Regional Transport Authority or its Secretary should not be held up for alleged violation of model code of conduct. I directed the Standing Counsel for the Chief Electoral Officer to obtain instructions from the Election Commission of India as to the course to be adopted. The Standing Counsel has passed on a copy of the communication received by him from the Election Commission of India produced along with a statement. The relevant part reads as follows:-

"The Commission's Standing Counsel before the Hon'ble High Court of Kerala has now sought fresh instructions in the case from the ECI and has also brought to the notice of the Commission the provisions of the Kerala Motor Vehicles Rules, 1989. This has been examined in the Commission in the light of the provisions of Chapter V of the Motor Vehicles Act, 1988 and also the Kerala Motor Vehicles Rules, 1989 particularly the composition of the Regional Transport Authorities in the State of Kerala. Regional Transport Authority in Kerala is a three member body and is comprised of the District Collector of the Revenue District as the Chairman, Deputy Transport Commissioner of the concerned Zone and the District Police Chief as members. The Road transport Officer is the Secretary of RTA. The RTA ordinarily meets once in a month. Under the new Rules there are no political nominees in the Regional Transport Authorities in the State of Kerala. Taking note of the provisions of the Motor Vehicles Act, 1988 and also the Kerala Motor Vehicles Rules, 1989, constitution of RTA in Kerala, and the nature of functions of the RTA, the view is that it would not be objectionable from the point of view of Model Code of Conduct if RTA conducts its meeting as per the provisions of the law. Any complaint of violation of Model Code of Conduct has to be enquired on case to case basis."

4. After all the Regional Transport Authority or its Secretary is exercising a quasi judicial power in the grant of permits under Sections 72 and 87 of the Motor Vehicles Act, 1988 ['the Act' for short]. Same is the case when a timing conference is conducted in terms of Rule 212 of the Kerala Motor Vehicles Rules, 1989 ['the Rules' for short]. The Constitution Bench of the Supreme Court in B. Rajagopala Naidu v. State Transport Appellate Authority [AIR 1964 SC 1573] had occasion to observe as follows:-

"In other words, when applications are made for permits under the relevant provisions of the Act and they are considered on the meri