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Synopsis

The Allahabad High Court has recently quashed the orders of the Assistant Regional Transport Officers of Mathura and Agra banning registration of e-Rickshaws and e-Autos in both cities. 

The bench of Justice Anjani Kumar Mishra and Jayant Banerji noted that the ban was imposed in exercise of powers conferred by Rule 178 of the U.P. Motor Vehicle Rules, 1998. 

Court pointed out that the restrictions contemplated by Rule 178 are only with regard to the speed or about restricting or prohibiting the use of motor vehicles. "This provision does not contemplate or empower the respondents to ban registration of new vehicles. The impugned restriction is therefore, beyond the scope of Rule 178 and hence, unsustainable," the bench said. 

Therefore, while stressing that apart from the restriction on speed and or roads and area of operation, no other restriction has the sanction of law, court held that both the orders had been passed without any authority.

"In case the situation is getting out of hand, nothing prevents the legislature or the rule making authority from bringing about suitable enactments/amendments in the existing statute or the rules framed therein to achieve the desired objectives which is also the mandate of Article 19(2) of the Constitution. However, the situation howsoever bad, cannot empower the authorities to exercise power or jurisdiction which they do not possess under the existing law or the rules," the bench emphasised. 

The decision came in a bunch of petitions filed by dealers in e-rickshaws and e-Auto rickshaws. The primary contention of the petitioners was that the Motor Vehicle Act or the Rules framed thereunder be it the State Act or the Central Act, do not empower the registering authorities to put blanket ban on the registration of new e-Rickshaw etc which is, in any case, violative of Article 19(1)(g) of the Constitution.

In its counter affidavit filed by the Assistant Regional Transport Officer, Mathura stated that traffic jams are occurring in Mathura city on account of excess number of e-Rickshaws. It also alleged that the e-rickshaw drivers do not follow the traffic rules and they often move arbitrarily on routes other than the prescribed routes.

As per the opposite parties, the ban had been imposed in the public interest and for the full flow of traffic both in Mathura and Agra.

However, the high court opined that the reasons stated by the respondent authorities indicated failure on their parts and on part of the administration to manage and control traffic and certain consequential law and order situations arising therefrom.

"Such averments, allegations apprehensions and expression of incapabilities cannot form the basis of arbitrary and illegal actions of issuance of the impugned notification and office order, which are also beyond jurisdiction," the high court held. 

Therefore, court allowed the writ petitions and quashed both the impugned orders. 

Case Title: Shree Vindavan Auto Sales v. State of UP and connected matters