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2023 Supreme(Raj) 1358

ANOOP KUMAR DHAND
Managing Committee Shri Bhawani Niketan Shiksha Samiti – Appellant
Versus
District Returning Officer (Collector Jaipur) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. N. K. Maloo, Sr. Adv. with Mr. Ajit Maloo, Mr. Pratyush Sharma, Adv.
For the Respondent:Mr. M.S. Singhvi, Advocate General (through VC) with Mr. Sheetanshu Sharma, Mr. Rajender Soni, AAG with Ms. Naintara Soni

ORDER :

1. The petitioner has challenged the orders of requisitioning dated 09.10.2023 and 25.10.2023, passed by the respondents under Section 160 of the Representation of Peoples Act, 1951 (for short “the Act of 1951”) by the District Election Officer (Collector), Jaipur by which certain parts of the premises of the petitioner have been requisitioned for election activities of the Rajasthan Legislative Assembly General Election, 2023.

2. Learned counsel for the petitioner submits that the petitioner is an educational institution and imparting education to the students and in all eleven educational institutions are running in the same campus and more than eight thousand students are studying in the premises of the petitioner’s campus. Counsel submits that by way of passing order dated 09.10.2023, the respondents are taking possession of 19 rooms for conducting the election activities of the forthcoming Rajasthan Legislative Assembly General Election, 2023. Counsel submits that the order dated 09.10.2023 passed by the District Election Officer is not in consonance with the provisions contained under Section 160 of the Act of 1951. Counsel submits that as per the amendment, contained u

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