Recently, the Allahabad High Court overturned the directives issued by the Assistant Regional Transport Officers of Mathura and Agra, which had prohibited the registration of e-Rickshaws and e-Autos in both cities.

Justice Anjani Kumar Mishra and Jayant Banerji, presiding over the bench, observed that the ban had been enforced under the authority granted by Rule 178 of the U.P. Motor Vehicle Rules, 1998.

The court highlighted that Rule 178 specifically addresses limitations related to speed or the regulation of motor vehicle usage, but it does not authorize the authorities to prohibit the registration of new vehicles. Therefore, the bench deemed the imposed restriction as exceeding the boundaries of Rule 178 and consequently deemed it unsustainable.

"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 ruling emerged from a series of petitions filed by e-rickshaw and e-auto rickshaw dealers. Their main argument centered on the assertion that neither the Motor Vehicle Act nor its associated Rules, whether at the state or central level, authorize registering authorities to impose a blanket ban on the registration of new e-rickshaws, etc. They contended that such a ban would inherently violate Article 19(1)(g) of the Constitution, which guarantees the right to practice any profession, trade, or business.

The Assistant Regional Transport Officer of Mathura, in their counter affidavit, argued that the proliferation of e-rickshaws in Mathura was leading to traffic congestion in the city. They further alleged that e-rickshaw drivers frequently disregard traffic regulations and tend to deviate from designated routes, exacerbating the traffic situation.

According to the opposing parties, the ban was instituted in the public interest and aimed at ensuring smooth traffic flow in both Mathura and Agra. However, the high court expressed the opinion that the reasons presented by the respondent authorities pointed to their failure, as well as the administration's failure, to effectively manage and regulate traffic, leading to associated law and order issues.

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