MUNICIPAL COUNCIL, BHOPAL vs SINDHI SAHITI MULTIPURPOSE TRANSPORTCO-OP. SOCIETY LTD. &

The Supreme Court held that bye-law 2 made by the Municipal Council of Bhopal, which mandated that motor-buses plying for hire must park only at the municipal bus stand, was invalid as it did not fall under the provisions of Section 349(ii) or Section 358(7)(f) and (m) of the Madhya Pradesh Municipalities Act, 1961. The Court clarified that the power to specify bus-stands rests with the State Government under Section 68(2) of the Motor Vehicles Act, 1939, and cannot be delegated to the District Magistrate. Consequently, the bye-laws providing for fees and permits were also deemed invalid, affirming the High Court's decision to restrain the Municipal Council from enforcing them.