The Court has clarified that while Section 55(2) of the Motor Vehicles Act grants the power to cancel a vehicle's registration solely to the original registering authority, it does not prevent other registering authorities from issuing show cause notices or conducting inquiries. Such authorities can, however, forward their findings to the original authority for the potential cancellation of the registration.

It was argued that since the original registering authority is the Transport Authority located in Kotputli, the notice issued by the Transport Authority at Jagatpura, Jaipur, which is not the original authority, is legally invalid.

While reviewing the provision, Justice Mahendra Kumar Goyal observed that issuing show cause notices and/or conducting an inquiry does not equate to the cancellation of the registration certificate. He stated:

“The aforesaid provision provides in no uncertain terms that although, the registration certificate can only be cancelled by the original registering authority; but, other registering authority is also empowered to issue show cause notice and conduct an inquiry in the matter. However, if cancellation of the registration is required, such authority shall forward the report and the certificate of registration to the original registering authority for its cancellation. Thus, it nowhere denudes any registering authority other than the original registering authority from issuing any show cause notice and/or conducting an inquiry in the matter”.

Accordingly, it was held that there was no illegality in the show cause notices issued, and the petitions were dismissed being devoid of merit.

Case Title: Vikram Singh v the State of Rajasthan & Ors.