Constitution of India, 1950
Article 32—Writ—Alternative remedy—Challenged to notification of State Government—Alternative remedy available to the petitioners to move the High Court—Liberty granted to petitioners to pursue the alternative remedy under Article 226 of the Constitution of India.
[Para 17]
Motor Vehicles Act, 1988
Section 2(1A)—Aggregator—Definition of—An aggregator is defined to mean a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation.
[Para 4]
Section 93(1) (As amended by the Act of 2019)—Aggregator licence—Effect of amendment—No person can engage himself as an aggregator without a licence from the authority concerned and subject to such conditions as may be prescribed by State Government.
[Para 5]
Section 93(1) (As amended by the Act of 2019)—Aggregator licence—Rejection of application—Appeal—Case relates to claim of petitioners to provide the service of an aggregator for two wheelers vehicles across the State—State Government has categorically taken a decision that issue as to whether non-transport vehicles should be permitted to be used as transport vehicles including for aggregation and ride pooling merits detailed consideration—Pending the decision of the Committee, the State Government has taken a decision to prohibit the use of non-transport vehicles for the purpose of aggregation—Order of RTO indicates that it has been passed on the ground that provisions of the Centre's Guidelines were not complied with—Once the State Government takes a final decision on the submission of report of the Committee, the petitioners would be entitled to pursue their legal remedies after complying with such terms and conditions as may be prescribed in the decision of the State Government—State Government shall take a final decision.
[Paras 10, 16 & 21]
Section 96—Rule making power of State Government—When the State Government formulates rules in pursuance of its power under Section 96 of the Motor Vehicles Act, it may also bear in mind the Guidelines which have been framed by the Union Government in 2020.
[Para 9]