Karnataka HC puts rider on process initiated to register new vehicles at dealer level

KEY STORY 

• The High Court of Karnataka on Tuesday said that any process initiated for registration of new non-transport vehicles and fully built transport vehicles on first sale by the authorised representatives of the vehicle manufacturers or dealers based on new October 31 notification would be subject to order to be passed by the court.

• A Division Bench comprising Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum passed the interim order on a PIL petition filed by Mohammed Dastagir, a 67-year-old retired employee of the State Transport Department, who is serving as an advocate after his retirement. The petitioner has contended that the October 31, 2021, final notification empowering the Transport Commissioner to declare a dealer holding valid trade certificate as ‘Registering Authority’ was issued in a hurry by giving only five days from the first notification, issued on October 26 inviting objections and suggestions from the public.

• It has been claimed in the petition that the notification was issued a day after an officer on special duty to the Chief Minister wrote a letter to the Transport Commissioner to arrange a function on November 1 to inaugurate dealer-level-registration of vehicles.

• Also, the petitioner has contended that amendment made to the Karnataka Motor Vehicles Rules, 1989, to authorise registration of vehicles at the dealer level is contrary to the Motor Vehicles Act, 1989 as the employees of the dealers or manufacturer of vehicles cannot be brought under the definition of the public servants.