The main legal point established in the judgment is the authority of the State Government to requisition premises and vehicles for election purposes and the requirement to pay compensation to the affected parties as per the provisions of the Act of 1951.

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 under Section 160 of the Act of 1951, the premises can be taken only for the purpose of polling station or for the purpose of counting, but here in the instant case, the respondents are bent upon to use the premises of the petitioner for other election activities. Counsel further submits that under Section 160 of the Act of 1951, it is only the State Government, who is competent to pass such orders, but in the instant case, the District Election Officer has passed the order, without any competence. Counsel submits that as per Section 166 of the Act of 1951, the State Government may, by notification in the Official Gazette, direct that any power conferred or any duty imposed on the Government by virtue of the provisions of Section 160 to 165 of the Act of 1951 shall be specified in the direction, can be exercised or discharged, but here, in the instant case, the powers have not been delegated by the State, upon the District Election Officer to take the premises of the petitioner reportedly for other election activities. Counsel submits that on earlier occasions also, the respondents have taken the premises of the petitioner for conducting the election activities, hence, aggrieved by the said action of the respondents, the petitioner approached this Court by way of filing S.B. Civil Writ Petition No. 4507/2001 (Shri Bhawani Niketan Shiksha Samiti Vs. District Returning Officer) and the same was disposed of by the Co-ordinate Bench of this Court vide order dated 10.02.2015 by which a direction was issued to the respondents that in case, in future, the respondents require to requisition of the premises, then they shall as far as possible not to take over the building of the running school or college and shall take only limited number of rooms for the purpose of training of their staff in consultation with the Secretary of the petitioner and shall provide compensation at par with what is being paid to the Rajasthan College or Commerce College, as per the prescribed rates. Counsel submits that the aforesaid order passed by the Single Bench of this Court was assailed by the respondent by way of filing D.B. Special Appeal (Writ) No. 591/2015 (District Returning Officer (Collector), Jaipur and Anr. Vs. Shri Bhawani Niketan Shiksha Samiti, Jaipur and Ors.) and the said appeal was dismissed by the Division Bench of this Court vide order dated 24.11.2015. Counsel submits that several other institutions and campuses are available in the City, which can be used by the respondent, for conducting election activities. Counsel further submits that the practical and theory examination of the students are going to commence in the month of November and December, 2023 and by way of the act of the respondent not only their studies would be disturbed but also their career wo