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2013 DIGILAW 2040 (RAJ)

Marwar Tourist Driver Welfar Association v. District Election Officer, Jodhpur

2013-11-19

VIJAY BISHNOI

body2013
JUDGMENT 1. - The petitioner - Marwar Tourist Driver Welfare Association has filed this writ petition while praying the following reliefs:- "a. the respondents may kindly be directed to release vehicles of members of petitioner association acquired through Annexure 3. b. the respondents may kindly be directed to not to pass any penal order against the members of petitioner association. c. the respondents may kindly be directed to not to cancel All India Tourist Permit granted to the members of petitioner association without following the due procedure of law. d. any other relief considers just and proper be granted in favour of the petitioner. e. the Writ petition may be allowed with costs." 2. The grievance raised by the petitioner in this writ petition is in respect of seizure of the vehicles by the respondents for the purpose of conducting State Assembly Election 2013. It is contended by the learned counsel for the petitioner that the respondent-authorities have no jurisdiction to seize the vehicles belonging to the members of petitioner-association and they are illegally carrying out the seizure operation. It is further contended by the learned counsel for the petitioner that the respondents are seizing the vehicles of the members of the petitioner-association without following the procedure prescribed under the law and the said action of the respondents is liable to be quashed and set aside. 3. On the strength of above arguments, the learned counsel for the petitioner has prayed that the respondents may be restrained from seizing the vehicles of the members of the petitioner-association and further may be directed to release the vehicles seized by it in connection with election duties. 4. After hearing learned counsel for the petitioner and after going through the writ petition as well as the material placed on record, this Court is of the opinion that the petitioner-association is not entitled to get any relief as claimed in the writ petition. 5. Section 160 of the Representation of People Act, 1951 (hereinafter referred as 'the Act of 1951') reads as follows:- "160. 5. Section 160 of the Representation of People Act, 1951 (hereinafter referred as 'the Act of 1951') reads as follows:- "160. Requisitioning of premises, vehicles, etc., for election purposes.- (1) If it appears to the State Government that in connection with an election held within the State- (a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or (b) any vehicle vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the Government may by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning: Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election. (2) The requisition shall be effected by an order in writing addressed to the person deemed by the State Government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed. (3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub- section. (4) In this section- (a) "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof; (b) "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise." 6. As per Section 160 of the Representation of People Act, 1951, the State Government is empowered to requisition vehicles in connection with election held within the State. 7. As per Section 160 of the Representation of People Act, 1951, the State Government is empowered to requisition vehicles in connection with election held within the State. 7. In view of the above provisions of the Act of 1951, it cannot be said that the action of the respondents of seizing the vehicles of the members of the petitioner-association in connection with the election duty is illegal. For the purpose of conducting the free and fair elections, the respondent-authorities are bound to make full proof arrangement and for that purpose, they also require certain vehicles. The respondents are seizing the vehicles of the members of the petitioner-association in accordance with law, therefore, it cannot be said that they are acting in arbitrary manner or without any authority under the law. 8. In such circumstances, this Court does not find any force in this writ petition. Hence, the same is hereby dismissed.Petition Dismissed. *******