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A.S.ILA, V.L.ACHLIYA
Shrikant Madhav Karve – Appellant
Versus
Secretary (Parivahan IV) Ministry of Home Affairs – Respondent
The Petitioner appearing in person has raised important issues concerning implementation of the provisions of the Motor Vehicles Act, 1988 (for short the MV Act) and the Rules framed thereunder. Shri A.Y. Sakhare, learned senior counsel and Shri Warunjikar, learned counsel who were appointed to espouse the cause of the Petitioner, while assisting the Court, have made detailed submissions. Certain submissions are also made by the Petitioner appearing in person. Shri S.K. Shinde, Special Government Pleader who represents the State has not taken adversarial stand and has assisted the Court. He has also made detailed submissions.
2. Under the MV Act, there are different categories of vehicles. In this Public Interest Litigation, the issues raised are mainly about the transport vehicles as defined under Subsection (47) of Section 2 of the MV Act. The main issue raised in this Public Interest Litigation is as regards the manner in which the transport vehicles are checked for the purposes of issuing fitness certificates.
3. Under the provisions of MV Act and in particular Section 39 thereof, the registration of every motor vehicle is mandatory. Section 39 of the MV Act reads thus:-
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