The Allahabad High Court on Friday struck down a condition imposed by the Lucknow transport authorities that restricted the registration of new e-rickshaws only to permanent residents of the city. The court held that such a requirement violates the fundamental rights guaranteed under Articles 14, 19(1)(g) and 21 of the Constitution.
A bench of Justice Shekhar B. Saraf and Justice B. R. Singh delivered the verdict while deciding four petitions, including one filed by Ajit Yadav, challenging the transport department’s February 5 order.
The impugned order, issued by the Assistant Regional Transport Officer (Administration), Lucknow, had introduced two restrictions:
- A person who already held an e-rickshaw registration would not be granted another, and
- Only permanent residents of Lucknow would be eligible for fresh e-rickshaw registration.
The petitions targeted the second condition, arguing that it unreasonably barred non-residents and violated constitutional freedoms.
The Uttar Pradesh government defended the rule by saying it faces practical challenges in serving notices regarding fitness expiry and locating owners who live in rented accommodations or frequently change addresses.
The bench rejected this justification, noting that administrative inconvenience cannot be a ground to curtail fundamental rights. It suggested that if the issue was overcrowding or tracking vehicle owners, the state could consider reasonable regulatory methods such as:
- Fixing an annual cap on registrations,
- Strictly enforcing fitness requirements, and
- Confiscating vehicles lacking valid certificates.
However, the court said denying registration solely on the basis of permanent residence is arbitrary and fails the test of constitutionality.
Holding that the restriction discriminated between residents and non-residents without any rational basis, the court said it directly impinged on the right to equality, the right to carry out any lawful occupation, and the right to livelihood.
The verdict restores the right of non-residents to apply for e-rickshaw registration in Lucknow, subject to compliance with all other regulatory norms.
