- (1.) A batch of writ petitions was filed before the High Court of Madhya Pradesh challenging the constitutional validity of Ss. 16(6), (7) and (8), 20-A and 20-B of the Madhya Pradesh Motoryan Karadhan Adhiniyam, 1991 (hereinafter referred to as 'the Act'), inserted by the Madhya Pradesh Motoryan Karadhan (Sanshodhan) Adhiniyam, 1999 (hereinafter referred to as 'the Amendment Act'), published in the Official Gazette on 8-12-1999 received the assent of the Governor on 30-11-1999.
(2.) The petitioners before the High Court contended that Ss. 16(6), (7) and (8), 20-A, 20-B and 20-C of the Act are repugnant to the Motor Vehicles Act, 1988 (hereinafter referred to as 'the MV Act') enacted by Parliament in exercise of its powers under Entry 35, List III of the Seventh Schedule to the Constitution, which has been in force since 1st July, 1989; that the amendments introduced by Act 27 of 1999, by which the impugned provisions are introduced in the Act, deal with the subject-matter covered by S. 66 read with S. 192-A of the M.V. Act; that the impugned provisions provide for confiscation of the vehicle thereby enhancing the penalty provided by the MV Act which sets out only certain amounts of fine and thus repugnancy arises; that there are provisions in the Act for recovery of tax and, therefore, the provision for confiscation of the vehicle is uncalled for.
(3.) On behalf of the State, it is contended that the Act and the amendments made thereto are within its competence as they fell under Entries 56 and 57, List II of the Seventh Schedule to the Constitution and is within the legislative competence and the MV Act does not set out any principle of taxation subject to which the enactments made Entry 56, List II of the Seventh Schedule to the Constitution can operate. A contention had been raised on behalf of the State that the Act had obtained the assent of the President and the subsequent amendment is only supplemental in nature and, therefore, does not require any further assent of the President. However, this contention is not pursued before us.;