High Court Cancels Ban on Electric Autos & Rickshaws in Agra and Mathura

The Allahabad High Court has delivered an important ruling regarding e-rickshaws and e-autos in Agra and Mathura. Amid the 2024 Lok Sabha elections, the court has canceled the notification that imposed a ban on the registration of e-rickshaws in these two districts.

This decision comes as a relief to 105 e-rickshaw dealers in the region. The court clarified that the transport officer does not have the authority to prohibit e-rickshaw registration based on traffic control grounds; they can enforce traffic restrictions but cannot halt registrations.

The order was issued in response to a petition filed by six auto agencies, including Shri Vrindavan Auto Sales in Mathura. The court emphasized that the government's ban on e-rickshaw and e-auto registration violated constitutional provisions and traffic rules. This ruling is significant for the transportation system in Agra and Mathura, where more than 105 e-rickshaw dealers operate.

The petitioners said that the government does not have the right to restrict registration under Rule 178 of the Uttar Pradesh Motor Vehicle Rules. This is a violation of Article 19(1)(g) of the Constitution.

The initial ban on e-rickshaws in Agra and Mathura was based on traffic control grounds. The Assistant Regional Transport Officer Mathura and Agra banned the registration of e-auto, e-rickshaw through notifications dated November 7, 2023 and January 8, 2024.

The state government filed an affidavit stating that CNG autos including e-rickshaws and e-autos do not follow traffic rules. The number of e-autos and e-rickshaws is more than required and is causing traffic problems. In Mathura city alone, 14748 e-rickshaws, 12346 CNG three- wheeler rickshaws and 695 e-autos are running. There are more than 105 e rickshaw dealers. Keeping in view the traffic system of Mathura and Agra, the restriction has been imposed in public interest.

However, the Allahabad High Court ruled that the transport officer does not have the authority to prohibit e-rickshaw registration solely for traffic reasons. While traffic restrictions can be enforced, banning registrations altogether was deemed unconstitutional and against traffic rules. This decision comes as a relief to e-rickshaw dealers in the region, who can now continue their operations without hindrance.

 
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