Back
High Court Of Calcutta
GIRISH CHANDRA GUPTA
ANIRBAN GHOSH - Appellant
Versus
DIST.ELECTION OFFICER - Respondent
W. P. 9349 Of 2006
Decided On : 04/18/2006
ELECTION - REQUISITIONING OF VEHICLES - REPRESENTATION OF THE PEOPLE ACT, 1951 - SECTION 160 - INTERPRETATION - COURT HELD THAT THE ACT AUTHORISES REQUISITIONING OF ONLY PUBLIC SERVICE VEHICLES OR TRANSPORT VEHICLES - REQUISITIONING OF PRIVATE CARS FOR ELECTION PURPOSES IS ILLEGAL AND ARBITRARY - WRITS ALLOWED.
Fact of the Case:
In three separate writ petitions, the petitioners challenged the orders issued under Section 160 of the Representation of the People Act, 1951, requisitioning their private cars for election purposes. The petitioners contended that the State had abused its power and acted arbitrarily in issuing the impugned orders, while the State argued that the orders were issued in exercise of the power under Section 160 of the Act.
Finding of the Court:
The court held that the Representation of the People Act, 1951, authorizes the requisitioning of only public service vehicles or transport vehicles for election purposes. The court found that the respondents had acted arbitrarily in issuing the orders under challenge, without any application of mind and in violation of the principles of rationality, reasonableness, and objectivity.
Issues: a) Does the Representation of the People Act, 1951 authorise indiscriminate requisitioning of vehicles? b) Did the respondents act arbitrarily in issuing the orders under challenge? c) Is an interference called for?
Ratio Decidendi: The court interpreted Section 160 of the Representation of the People Act, 1951, in a harmonious manner, holding that it authorizes the requisitioning of only public service vehicles or transport vehicles. The court found that the respondents had failed to follow the procedure laid down in Rule 98 for service of an order under Section 160 of the Act and had abused their discretionary power by requisitioning private cars without any rational or objective basis.
Final Decision: The court quashed the requisitions issued to the petitioners under Section 160 of the Representation of the People Act, 1951, holding that the requisitioning of private cars for election purposes was illegal and arbitrary.
Based on the provided legal document, here are the key points regarding the case Girish Chandra Gupta vs. Dist. Election Officer:
( 2 ) IN each of the three writ petitions the subject matter of challenge is an order issued under Section 160 of the Representation of the People Act, 1951 (hereinafter referred to as the 'act' ). The order dated 12th April, 2006 issued to the petitioner in W. P. 9275 (W) of 2006 reads as follows :"whereas it appears to the undersigned that the vehicle/vessel/ animal mentioned in the Schedule below is needed/ is likely to be needed for the purpose of transport of E. V. M. S. to or from the polling station at. . . . . . . . . . . . . . . . . . . . . . . . . . Police Station. . . . . . . . . . . . . . . . . . . . . . . . . . Sub-Division. . . . . . . . . . . . . . . . . . . . . . . . . . District North 24 Parganas in connection with the transport of officers or other persons for performance of duties in connection with the General election to Legislative Assembly, 2006 from all the Assembly constituencies to be held on 27th April, 2006. NOW, THEREFORE, in exercise of the power conferred by Section 160 of the Representation of the People Act, 1951 (43 of 1951), read with notification No. 1976-Home (Elec) dated 18. 3. 06 the undersigned hereby requisitions the said vehicle/ vessel/ animal mentioned in the Schedule below and directs that the possession of and control over the said vehicle/vessel/ animal be made over to the MTO Dolfole on 20/4/2006, at 20. 00 p. m. /a. m. when he or an officer deputed by him will take charge and possession of the said vehicle/vessel/animal. "
( 3 ) THE order dated 9th April, 2006 which is the subject matter of challenge in W. P. 9344 (W) 2006 reads as follows :"whereas it appears to the undersigned that the vehicle/ vessel/ animal mentioned in the Schedule below is needed/ is likely to be needed for the purpose of transport of Electronic Voting Machine to or from the polling station at. . . . . . . . . . . . . . . . . . . . . . . . . . Police Station domjur, Sub-Division Howrah, District Howrah in connection with the transport of officers or other persons for performance of duties in connection with the General Election to Legislative Assembly, 2006 from all the Assembly Constituencies to be held on 22. 4. 2006. NOW, THEREFORE, in exercise of the power conferred by Section 160 of the Representation of the People Act, 1951 (43 of 1951), read with notification No. 1976-Home (Elec) dated 18. 3. 06 the undersigned hereby requisitions the said vehicle/ vessel/ animal mentioned in the Schedule below and directs that the possession of and control over the said vehicle/vessel/ animal be made over to the undersigned on 20/4/2006, at 08. 00 p. m. /a. m. when he or an officer deputed by him will take charge and possession of the said vehicle/vessel/animal. "
( 4 ) THE order dated 28th March, 2006 which is the subject matter of challenge in W. P. 9349 (W) of 2006 reads as follows :"whereas it appears to the undersigned that the vehicle/vessel/ animal mentioned in the Schedule below is needed/ is likely to be needed for the purpose of transport of E. V. M. S. to or from the polling station at Kamarhati, 136 Police Station Belgharia, Sub-Division barrackpur, District North 24 Parganas in connection with the transport of officers or other persons for performance of duties in connection with the General Election to Legislative Assembly, 2006 from all the Assembly Constituencies to be held on 27th APRIL, 2006. NOW, THEREFORE, lin exercise of the power conferred by Section 160 of the Representation of the People Act, 1951 (43 of 1951), read with notification No. 1976- Home (Elec) dated 18. 3. 06 the undersigned hereby requisitions the said vehicle/ vessel/ animal mentioned in the Schedule below and directs that the possession of and control over the said vehicle/vessel/ animal be
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
