HC stays TS vehicle re-registration GO

HYDERABAD: In a set back to the Telangana government, a division bench of the Hyderabad High Court on Monday stayed a GO for re-registration of all vehicles, replacing the existing 'AP' series with 'TS' (Telangana State).

The bench made it clear that it would not allow attempts at misusing power in a whimsical manner.

The bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice PV Sanjay Kumar passed this interim order while hearing a public interest litigation (PIL) filed by J Rammohan Chowdary, a bike owner from Hyderabad city who challenged the government's decision, vide GO No 3, dated June 17, 2014.

The bench earlier directed the state to explain the source of its power to issue such an order. When the matter came up for hearing on Monday, Sanjeev Kumar, special government counsel for Telangana state, told the court that the state has power to make rules under Section 65 of the Motor Vehicles Act.

The bench told him that the rules made under this section should be in consonance with the larger scheme of the Constitution. The current GO does not pass that test and hence the state cannot ask the vehicle owners to go for re-registration, the court said.

Speaking for the bench, the Chief Justice said, 'We can understand if you insist on such a rule for registering new vehicles from now or from June 2 (the appointed day on which Telangana state emerged), but not prior to that. You cannot change the old vehicles. Once vehicles are registered under the Registration Act, the matter ends there.'

When the state counsel said they should be allowed to go further because the said GO was only a notification calling for objections from the public, the bench asked him as to what decision they have taken on the objections received so far.

While admitting that the state has received several objections, the government counsel urged the court that they should be allowed to go further. An angry Chief Justice then asked the state counsel to delete the term re-registration.

'Just because you have power, don't be under the impression that you can do anything and everything under the Sun. You have to justify your actions. You cannot use the power given by the people in a whimsical manner.

Why should people go and stand in long rows to get their registered vehicles re-registered? Why are you harassing them like this?' the CJ asked and told the state counsel to argue the case now so that the matter can be adjudicated today itself.

The government counsel then urged the bench to give time to file a counter-affidavit. He also assured the court that in the meantime they will not bring into force the GO.

The bench told him that 'state' means it belongs to all and exercise of power should conform to rationality and objectivity. It brushed aside the argument of the state that the GO is only seeking to bring in uniformity and was brought out for the purpose of administrative convenience.

The CJ retorted again saying, 'The government means it should be people-friendly. People means not Telangana people alone. Whoever comes here and lives here, they are all the people of this state. You will not be permitted to do things that are not permitted by law.'

While staying implementation of the GO, the bench gave two weeks time to the Telangana government to file its counter-affidavit and adjourned the case hearing.