N.PANDEY, S.N.MISHRA, ASOK KUMAR GANGULY
Ram Narayan Singh – Appellant
Versus
Election Commission – Respondent
N.Pandey, J.
1. The salient and meaningful questions which arise for determination before this Full Bench may be formulated in the following terms:
(i) Whether an owner of a vehicle, which was requisitioned by the State Government under Sec. 160 read with Sec. 161 (1) and (2) of the Representation of People Act, 1951, (hereinafter called the Act), in the event of an accident on election duty, is entitled to compensation and, if so, from whom?
(ii) If it is contended that Sec. 160 read with Sec. 161 (1) and (2) of the Act only provides for hire charges but no compensation, even due to loss or damage, whether such provisions are not in conflict with the provisions of Article 19 read with Article 300-A of the Constitution?
2. The relevant facts of the case are not in serious dispute and, therefore, may be noticed with relative brevity. The petitioner is the owner of a vehicle (Jeep) bearing registration No. BHD 7273. The said vehicle was insured with Oriental Insurance Co. Ltd. for the period commencing from 5.10.89 to 4.10.1990. District Magistrate-cum-Returning Officer, Muzaffarpur, while exercising a delegated power on behalf of the State Government under Secs. 160 and 161
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