(1.) The Judgment of the Court was as follows : Since in all these writ petitions vires of a provision of the West Bengal Motor Vehicles Rules, 1989, Rule 88A, has been challenged, they have been heard together. In three writ petitions moved on the appellate side validity of a notification dated May 24th, 2005 issued under that Rule 88A has also been questioned.
(2.) The rule was inserted by rule 2 of the West Bengal Motor Vehicles (Amendment) Rules, 2005. It reads as follows :
(3.) The common case in all the writ petitions is that not only the State Government lacks in legislative competence to make the impugned rule, but it is also ultra vires the provisions of the Motor Vehicles Act, 1988, Section 59, which is :