Allahabad High Court Quashes Lucknow's E-Rickshaw Registration Restriction

Court Terms Limiting Registrations to Permanent Residents as Arbitrary, Violative of Constitutional Rights

In a significant judgment, the Allahabad High Court has struck down an order from the Assistant Regional Transport Officer, Lucknow, which restricted new E-rickshaw registrations to permanent residents of the city. The court termed the restriction as arbitrary and a violation of Articles 14, 19(1)(g), and 21 of the Indian Constitution, which guarantee equality before the law, the right to practice any profession, and the right to life and personal liberty, respectively.

The bench comprising Justices Shekhar B. Saraf and Brij Raj Singh heard the consolidated writ petitions challenging the February 5, 2025 order. The authorities had justified the restriction citing difficulties in serving notices regarding fitness certificates to non-permanent residents, as many E-rickshaw owners reside in rented accommodations and are difficult to trace once they vacate.

The court, however, found this rationale insufficient and not legally sustainable. It emphasized that such a blanket restriction without reasonable classification infringes on the rights of individuals, especially those migrating to Lucknow for livelihood opportunities. The court suggested alternative measures, such as capping the number of registrations annually and enforcing stricter fitness certificate protocols, to manage the city's E-rickshaw population effectively.

The judgment noted that Lucknow, as the capital city, should act as a hub of opportunity, welcoming individuals from various backgrounds to contribute to its economy. By doing so, the city can maintain its diverse and inclusive character, fostering growth and prosperity. The court's decision nullifies the controversial order and allows non-permanent residents to register E-rickshaws in Lucknow, aligning with the fundamental rights enshrined in the Constitution.

The decision is expected to have significant implications for E-rickshaw operators in Lucknow, ensuring they can continue their operations without discriminatory barriers. It also sets a precedent for similar cases where arbitrary administrative orders may infringe upon constitutional rights.

Bottom Line:

An order restricting new E-rickshaw registrations to permanent residents of Lucknow is arbitrary and violative of Articles 14, 19(1)(g), and 21 of the Constitution of India.

Statutory provision(s): Articles 14, 19(1)(g), and 21 of the Constitution of India

Ajeet Yadav v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc Id # 2814369