The Lucknow bench of Allahabad High Court has canceled the order regarding the mandatory condition of being a local resident of Lucknow for registration of e-rickshaw in the capital. The court said that such a condition is a clear violation of the fundamental rights of equality, freedom of occupation and life. This order was passed by the division bench of Justice Shekhar B Saraf and Justice Brijraj Singh after hearing four petitions including Ajit Yadav’s petition.
It was said in the petitions that on February 5, 2025, the Assistant Divisional Transport Officer, Lucknow passed an order and imposed two restrictions regarding the registration of e-rickshaws. Under the first of these restrictions, a person who already has registration of an e-rickshaw will not get the registration of a new rickshaw and under the second restriction, only a person who is permanently resident in Lucknow will get the registration of a new e-rickshaw.
In the petitions, the second condition related to permanent residence in Lucknow was challenged. Responding to the petitions, the state government said that e-rickshaw owners living on rent in Lucknow face difficulty in giving notices regarding expiry of fitness etc. If their address changes, it becomes difficult to trace them. The court was not satisfied with this answer and did not consider it a proper basis for depriving people living on rent from registration.
The bench said that there could be other ways to control the number of e-rickshaws like registering only a certain quantity in a year and confiscating e-rickshaws that do not have a valid fitness certificate, but denying registration on the basis of not having permanent residence in Lucknow is arbitrary.
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