Mumbai High Court invalidates Maharashtra's circular enforcing additional requirements for BH series car registration

Mumbai High Court invalidates Maharashtra's circular enforcing additional requirements for BH series car registration

In its ruling on April 12, a division bench of Justices Girish Kulkarni and Firdosh Pooniwalla said that the circular was issued "without any authority and, hence, flawed and illegal."

The transport commissioner of Maharashtra published a circular that placed restrictions on applications for the registration of cars under the BH series, but the Bombay High Court has overturned it.

Judges Girish Kulkarni and Firdosh Pooniwalla, sitting as a division bench, said in their April 12 ruling that the circular was issued "without any authority and, hence, flawed and illegal."

A civil judge filed a petition with the court, contesting the circular and the denial of his application to register his car under the BH series. The government of India introduced the BH series in 2021 to make it easier for people to transfer cars between states and Union Territories.

Senior civil judge Mahendra Patil of the Maharashtra State Judicial Services claims that he sent in his official identification card, which is the sole document that has to be provided in accordance with the rules.

According to Patil's appeal, he was notified that his application was denied because he had not followed additional requirements outlined in a February 2024 transport commissioner directive.

According to this circular, any government employee wishing to apply for BH series registration must provide, in addition to their official identification card, a document attesting to their presence in other states, their offices there, and their payment stubs from their time working there.

In his appeal, Patil said that the transport commissioner lacked the jurisdiction to issue the circular, which is against the terms of regulations established by the national government.

He requested the revocation of the transport commissioner's circular and the issuance of an order allowing him to register his car under the BH series.

The Central Motor Vehicles (Twentieth Amendment) Rules of 2021 stipulated requirements for vehicle registration under the BH series, which Patil said he had met in his plea.

The High Court bench observed that the transport commissioner's circular was "obviously beyond its jurisdiction and lacking any legal authority." We believe that the circular is both unlawful and faulty. It is determined that the circular from February 21, 2024, is unlawful, arbitrary, and unconstitutional. It is so revoked," the HC said.

Within a week, the court ordered the authorities to register Patil's car under the BH series.

As per the bench's ruling, the Central Motor Vehicles Act has established regulations by the central government for the registration of cars belonging to the BH series.

The court held that the transport commissioner was not authorized under the regulations to put requirements on any applicant requesting registration of a vehicle under the BH series, and as a result, he was unable to issue such a circular.

"It was not permissible for the commissioner to impose conditions by sufficient circular to regulate registration of BH vehicles, which would overturn the Central Rules or create a regime which is contrary or defeat the provisions of the Central Rules," the High Court said.

The transport commissioner's office refuted the argument, stating that the circular was essentially a set of instructions meant to guarantee that the goal of the Central Rules was met.

The transport commissioner's office additionally asserted that there would be revenue loss if cars were awarded BH series registrations without following the circular.

It was said that even government workers who aren't often moved to other states are hoping to take advantage of the BH series.

The transport agency further said that as cars registered under the BH series have various financial advantages, the number of applications for registration under it has been rising rapidly.