Any registering authority can issue show cause notice under MV Act

The cases concerned three petitioners—Vikram Singh, Hardeep Singh, and Parvinder Singh—who had received show cause notices from the Additional Regional Transport Officer (City), Jagatpura, Jaipur, under Section 55(5) of the Motor Vehicles Act. The petitioners argued that the notices were invalid because the original registering authority, which had issued their vehicle registration certificates, was located at Kotputli. They contended that only the original registering authority was empowered to cancel vehicle registrations under Section 55(2) of the Act.

The petitioners sought to quash the notices issued by the Jagatpura authority, claiming that it lacked the jurisdiction to cancel registrations. Their main argument hinged on the interpretation of Section 55(2) of the Motor Vehicles Act, which states that only the original registering authority has the power to cancel the registration certificate. In light of this, they argued that a non-original registering authority, such as the one in Jagatpura, had no legal basis for issuing the notices.

However, the Rajasthan High Court disagreed with the petitioners’ arguments and upheld the show cause notices. The court referred to the relevant provision of the Motor Vehicles Act, particularly Section 55(2), which states:

“The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration.”

The court interpreted this provision to mean that while only the original registering authority has the final authority to cancel a vehicle registration, other registering authorities are not excluded from issuing show cause notices and conducting inquiries. The court clarified that the power to issue a show cause notice and initiate an inquiry rests with any registering authority, but the actual cancellation of the registration must be carried out by the original registering authority.

The court further explained that the show cause notice issued by the Additional Regional Transport Officer (City), Jagatpura, Jaipur, did not equate to the cancellation of the registration but was simply part of the inquiry process. Therefore, the petitioners’ contention that the notice was unlawful due to jurisdictional issues was unfounded.

As a result, the court dismissed the writ petitions, ruling that there was no legal infirmity in the issuance of the show cause notice by the Jagatpura authority. The petitioners’ claims were found to be without merit, and the court held that the notices were issued in accordance with the provisions of the Motor Vehicles Act.

This ruling brings clarity to the authority of regional transport offices in matters related to the cancellation of vehicle registrations and emphasizes that the initial inquiry can be conducted by any registering authority, provided the final decision rests with the original registering authority. The judgment ensures that the administrative process in the transport department remains efficient while adhering to legal protocols.

With this decision, the Rajasthan High Court has provided an important interpretation of the Motor Vehicles Act, reaffirming the broader role of registering authorities in maintaining the integrity of vehicle registration and related processes.