HC strikes down order requiring resident status for registration of e-rickshaws in Lucknow

Lucknow, Nov 28 The Allahabad High Court on Friday struck down an order requiring resident status for the registration of e-rickshaws in Lucknow, saying such a requirement clearly violates the fundamental rights to equality, freedom of occupation and life.

The order was passed by the Lucknow bench of the court. A bench of Justices Shekhar B Saraf and B R Singh delivered the verdict after hearing the arguments on four petitions, including one filed by Ajit Yadav.

The petitioners had alleged that on February 5, the assistant regional transport officer, administration, Lucknow, passed an order imposing two restrictions on the registration of e-rickshaws. Under the first, a person with an existing e-rickshaw registration would not be granted registration for a new e-rickshaw and under the second, only a person permanently residing in Lucknow would be granted registration for a new e-rickshaw.

The pleas had challenged the second condition regarding permanent residence in Lucknow.

Responding to the petitions, the Uttar Pradesh government said it faces difficulties in serving notices regarding the expiry of fitness certificates etc. to rented e-rickshaw owners in Lucknow and that locating them becomes difficult if their addresses get changed.

The court was not satisfied with the response and did not consider it a valid basis for denying registration. It said there could be other ways to control the number of e-rickshaws, such as limiting registrations to a certain number per year and confiscating vehicles that do not have valid fitness certificates. However, denying registration based on the lack of permanent residence in Lucknow is arbitrary, the court held.

Ajeet Yadav v. State of U.P., (Allahabad)(DB)(Lucknow)