B ADVANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THERE has been a decision by a Division Bench of this Court in D. B. Civil Writ Petition No. 1742/88 (Santosh v. State of Rajasthan) decided on July 18, 1988 by Jaipur Bench(l) The Division Bench has up-held the validity of rule 255-A of the Rajasthan Motor Vehicles Rules, 1951, whereby a provision was made for using of protective headgears and the State Govt, has issued Notification ESR 35 dated 6-11-87 in exercise of the power conferred by rule 255-A. The Division Bench considered the Notification issued by the Central Govt, dated May 14, 1980, whereby Nov. 1, 1980 was fixed to be the date on which the provisions of Sec. 85-A of the Motor Vehicles Amendment Act (No. XXVII of 1977) would come into force. But by another Notification dated October 31, 1980, the earlier Notification dated May 14, 1980, fixing the date of enforcement of Sec. 85-A as November 1, 1980 was cancelled. The Division Bench took the view that this means that Section 85-A of the Act has not yet come into force and on the basis of the provisions contained in Section85-A of the Act, it cannot be said that the State Government is not empowered to frame rules with regard to wearing of protective headgears by persons driving motor vehicles and the Central Government alone is competent to frame such rules.

(3.) IN the result, this writ petition has no force, so, it is hereby dismissed.