Bombay High Court Declares Maharashtra Transport Commissioner’s Circular on BH Series Registration Illegal
In a significant development, the Bombay High Court has invalidated a circular issued by the Maharashtra transport commissioner pertaining to the BH series of vehicle registration. The circular, which introduced additional requirements for obtaining BH series registration, was deemed unlawful by the court, marking a victory for vehicle owners seeking simplified registration procedures.
Understanding the BH Series
Introduced by the Indian Government in 2021, the BH series of vehicle registration holds paramount importance for individuals necessitating frequent interstate transfers. Key aspects of the BH series include:
- Facilitated Transfers: Vehicles registered under the BH series enjoy streamlined processes for inter-state and inter-territorial transfers, offering unparalleled convenience to owners.
- Target Audience: Primarily catering to professionals such as government employees and employees of companies with operations spanning multiple states, the BH series aims to alleviate bureaucratic hurdles associated with vehicle registration amidst frequent relocations.
The Contentious Circular
The Maharashtra transport commissioner’s circular imposed additional prerequisites for obtaining BH series registration, notably mandating government employees to furnish evidence of employment across multiple states throughout their careers. This added layer of scrutiny posed considerable challenges for applicants seeking BH series registration.
Court’s Verdict
In a decisive ruling, the Bombay High Court unequivocally declared the circular promulgated by the Maharashtra transport commissioner as ultra vires, affirming that the commissioner lacked the statutory authority to enact supplementary regulations.
Key Highlights of the Verdict:
- Invalidation of Circular: The court ruled that the Maharashtra transport commissioner overstepped legal bounds by promulgating rules beyond the purview of their authority.
- Primacy of Central Government Rules: Emphasizing the supremacy of central government directives in matters concerning BH series registration, the court underscored that state-level regulations are subordinate to national legislation.
- Immediate Relief: In a gesture of justice, the court directed authorities to expedite BH series registration for a civil judge involved in the legal proceedings, setting a precedent for prompt resolution of similar cases.
Significance of the Ruling
The court’s verdict not only upholds the integrity of the BH series registration framework but also reinforces the principle of administrative uniformity across states. By curbing arbitrary regulations, the ruling safeguards the essence of BH series registration—simplicity and efficiency.
In conclusion, the Bombay High Court’s decision serves as a beacon of clarity, reiterating that states must adhere to central government guidelines when administering BH series registrations. This landmark ruling reaffirms the foundational ethos of the BH series—seamless mobility and administrative ease.
