JUDGMENT B.K. Sharma, J. 1. The challenge in this writ petition is the Annexure-19 order dated 06/03/2014 of the Deputy Commissioner-cum-Collector, Nagaon, requisitioning the petitioner College with its premises for smooth conduct of ensuring Lok Sabha Election, 2014. The order so passed is upon purported derivation of satisfaction that there is immediate need to requisition the building/premises for the period from 31/03/2014 till 18/05/2014. The order so passed is under Section 3(1) of the Assam Land (Requisition and Acquisition) Act, 1964 and also in reference to Section 164 of the Representation of the People Act, 1951. As stated in the writ petition, the petitioner college is a premier institution and one of the oldest colleges in the State, established in 1944. It was also re-accredited by the UGC Assessment Body, NAAC in the year 2011, awarding 'A' grade, the highest grade in five point scale. Emphasizing on the need to maintain the high standard of the college, the petitioner has stated in the writ petition that trouble started for the college when the district administration started requisitioning the college and its premises from the year 2006 in respect of 5 (five) different elections, including Parliamentary and Assembly elections. 2. Referring to the Annexure-2 guidelines of the Election Commission of India, addressed to the Chief Electoral Officers of all States and Union Territories, it is the case of the petitioner that as per the said guidelines, the district authorities are required to keep in mind the larger social duties and explore the possibilities for the availability of other suitable alternative buildings or premises before requisitioning educational institutions. It has also been stated that such requisitioning of educational institutions adversely affect their academic atmosphere. So far as the petitioner college is concerned, its divergent educational activities in different branches/subjects have been emphasized. The petitioner has also referred to the academic calendar requiring the college to hold classes during the period in question. 3. Be it stated here that apart from the requirement to hold classes, the Gauhati University has also chosen the college as one of the educational institution for holding the on-going degree examinations which will continue up to 10/04/2014. After the theory examinations are over on 10/04/2014, the practical examination pertaining to Science subjects will commence from 20/04/2014. 3. Be it stated here that apart from the requirement to hold classes, the Gauhati University has also chosen the college as one of the educational institution for holding the on-going degree examinations which will continue up to 10/04/2014. After the theory examinations are over on 10/04/2014, the practical examination pertaining to Science subjects will commence from 20/04/2014. With the above narration of facts and emphasizing on the need to maintain the academic atmosphere of the College for the interest of the students community and the public at large, it is the case of the petitioner that the requisitioning of the college was avoidable and the district administration ought to have explored alternatives in the matter. 4. In the counter affidavit filed by the respondent No. 5 it has been contended that the 16th Lok Sabha Elections 2014 having been set to motion with the declaration of the schedule of the general elections, 2014 on 05/03/2014, the said process cannot be stalled. Referring to the said election process it has been stated that the District administration deriving the required satisfaction as envisaged under Section 3(1) of the Assam Land (Requisition and Acquisition) Act, 1964 read with the provisions of Section 160 of the Representation of the People Act, 1961, having passed the impugned order dated 06/03/2014 requisitioning 23 rooms of the college and its auditorium for the period from 31/03/2014 to 18/05/2014, the same cannot be interfered with. 5. Referring to the last Panchayat election held in the month of February, 2013, it has been stated in the affidavit that the concerned authorities had made various enquiries and it was only after that the petitioner college was found to be conducive for the purpose of issue and receipt of polling materials, strong rooms and counting halls. As regards the suggestion made for requisitioning other institutions/premises, it is the plea of the respondent No. 5 that they are not conducive for the purpose and it is only the Nagaon College which is conducive for smooth conduct of the ensuing Lok Sabha elections pertaining to Nagaon and Kaliabor Constituencies (3 and 4 Assembly constituencies, respectively). 6. In the affidavit in reply filed by the petitioner further details have been brought on record in respect of the running of the classes during the period in question including the holding of the examinations, about which mention has been made above. 6. In the affidavit in reply filed by the petitioner further details have been brought on record in respect of the running of the classes during the period in question including the holding of the examinations, about which mention has been made above. According to the petitioner, the district administration while issuing the impugned order, did not at all take into account the difficulties that would be faced by the college for running the classes and holding the examinations as per the programme of the Gauhati University. 7. I have heard Mr. P.K. Goswami, learned senior counsel assisted by Mr. T.K. Bhuyan, learned counsel for the petitioner. I have also heard Mr. D. Baruah, learned counsel representing the respondents. While Mr. Goswami, learned counsel for the petitioner referring to the provisions of the aforesaid Act of 1964 and also the Representation of the People Act, 1951, has submitted that before requisitioning the college in question, the authority ought to have carried out a meaningful exercise, Mr. D. Baruah, learned counsel representing the respondents submits that the authority considering all relevant aspects of the matter, having requisitioned the college along with its premises, the Writ Court will be reluctant to sit on appeal over such decision. 8. While Mr. Goswami, learned counsel for the petitioner has placed reliance on the decisions of the Apex Court reported in (2010) 10 SCC 338 (P. Rajan Sandhi v. Union of India and another) and AIR 1962 SC 167 (Paresh Chandra Chatterjee v. State of Assam and another), so as to emphasize on the term "certain purposes" mentioned in the preamble itself of the Act, Mr. Baruah, learned counsel representing the respondents on the other hand has placed reliance on the decision of the Division Bench judgment reported in (1982) 1 GLT 630 (Paresh Chandra Chatterjee v. The State of Assam and another), so as to buttress his argument that the provisions of Section 3(1) of the Aforesaid Act, 1964 will prevail over the difficulties shown by the petitioner. He submits that the public purpose is implicit in the expression "for providing proper facilities for accommodation". 9. I have given my anxious consideration to the submissions made by the learned counsel for the parties and have also considered the entire materials on record including the report that was submitted by Mr. Apurba Kr. He submits that the public purpose is implicit in the expression "for providing proper facilities for accommodation". 9. I have given my anxious consideration to the submissions made by the learned counsel for the parties and have also considered the entire materials on record including the report that was submitted by Mr. Apurba Kr. Sharma, learned Advocate, who was appointed as a Commissioner of the Court to take stock of the situation by visiting the College premises and also the other premises which were suggested by the petitioner as conducive for the purpose. 10. When the matter was last taken up on 28/03/2014, Mr. D. Baruah, learned counsel for the respondents produced the note bearing No. NE 03/2014/90 dated 28/03/2014 of the Deputy Commissioner and District Election Officer, Nagaon, which reads as follows:-- GOVT. OF ASSAM OFFICE OF THE DEPUTY COMMISSIONER : NAGAON (ELECTION BRANCH) No. NE 03/2014/90 Date 28/03/2014 Attention of Sri Devashis Baruah, Standing Counsel, Election Department, Govt. of Assam with regard to requisitioning of Nowgong College, Nagaon for Lok Sabha Election-2014 and the WP(C) 1381/2014 pending with Hon'ble High Court, Guwahati, it is to further intimate that 1. The entire premises will be required from 31st of March 2014 for barricading and construction of Strong Rooms for Parliamentary Election-2014. 2. For 7th April, 2014 Poll, the Science block and Bordoloi hall which are adjacent to each other or similar block of the nature having 13 rooms together will be required for preparation from 31st March 2014 for strong room and distribution centre etc. The entire premises will be required for use on 6th and 7th April 2014. 3. The entire premises as requisitioned (rest of rooms) will be required from 16th April 2014. If college wants to hold academic classes, the District Administration will facilitate by requesting the Nagaon Govt. Boys H.S. School and Nagaon Govt. Girls H.S. School to spare some rooms for classes. 4. The auditorium will be required from 3rd May 2014 for preparation of counting halls for counting of votes. The time is very short for construction of barricade, distribution of materials and other arrangements which are supposed to start from 31st March as requisitioned. Hence the matter may kindly be appraised to Hon'ble High Court for kind consideration. Sd/- Illegible (Dr. P. Ashok Babu, IAS) Deputy Commissioner & District Election Officer, Nagaon. 11. The time is very short for construction of barricade, distribution of materials and other arrangements which are supposed to start from 31st March as requisitioned. Hence the matter may kindly be appraised to Hon'ble High Court for kind consideration. Sd/- Illegible (Dr. P. Ashok Babu, IAS) Deputy Commissioner & District Election Officer, Nagaon. 11. If we go by the aforesaid note, there is absolutely no manner of doubt that the entire premises will be under requisition from 31/03/2014 for barricading and construction of strong rooms. The Science Block and the particular hall, namely, Bordoloi Hall, which are adjacent to each other or similar block of the nature having 13 rooms together will also be required for preparation from 31/03/2014 for strong room and distribution centre etc. It is in this context, Mr. P.K. Goswami, learned counsel for the petitioner has submitted that in such an eventuality and irrespective of actual occupation and use of halls and rooms of the college, the entire academic atmosphere will be affected. He submits that this aspect of the matter having not been taken into consideration, the impugned order is not sustainable in law. 12. As per the report furnished by the appointed Commissioner, it will not be conducive to make use of the college for the election purpose during the period in question. For a ready reference, the opinion of the appointed Commissioner in respect of the petitioner college is quoted below:-- A. Nowgong College The college is situated over a large area of land and having several buildings consisting of 32 class rooms, but there is not much open space in the compound and all the buildings are located nearby to each other. There is a girls hostel adjacent to the college building to accommodate more than 100 girls student coming from outside Nagaon Town to stay and pursue their studies residing in the hostel. The learned Deputy Commissioner has requisitioned 23 rooms & premises and also the Auditorium & premises with effect from 31.03.2014 to 18.05.2014 to be used for the ensuing Lok Sabha Election. As per the requisition schedule of the last Panchayat elections, the rooms requisitioned were not serially requisitioned and were randomly selected in different building/part of the college premises. The learned Deputy Commissioner has requisitioned 23 rooms & premises and also the Auditorium & premises with effect from 31.03.2014 to 18.05.2014 to be used for the ensuing Lok Sabha Election. As per the requisition schedule of the last Panchayat elections, the rooms requisitioned were not serially requisitioned and were randomly selected in different building/part of the college premises. In such a case the whole open space available will be blocked since the open space available is not so spacious and in that event I am of the opinion that the educational atmosphere during the whole period of requisition will be affected. The premises requisitioned will be fully busy for at least 3 days during the period of unloading of polling materials, their distribution and their return to the strong rooms and at least for 2 days during the period of counting of votes and during those days I apprehend that the whole classes will have to be suspended. In case of requisition of 23 class rooms, the entire classes of all the semesters cannot be accommodated during the period of requisition for which I apprehend that this may result in cancellation of some of the classes during the said period. The girls student residing in the hostel (which is within the college boundary) are pursuing their studies staying in the hostel and as such their preparation for the examinations will be affected during the period of requisition due to disturbance created throughout poll preparations and various construction activities. The Nowgong College Teachers' Council has submitted one representation stating that with the introduction of the semester system, the grade point system has come into effect for which the attendance is essential for credit points. As such, if classes are not held for long the students will have to suffer a lot. The representation submitted by the Teachers' Council is enclosed herewith. There are about 50% girls student in the college as per the college authorities and out of them good numbers of girls student reside in the hostel of the college. The girls staying in the hostel expressed apprehension of their security in light of an earlier incident and they submitted one representation before me through the Principal of the college and the same is enclosed herewith. The girls staying in the hostel expressed apprehension of their security in light of an earlier incident and they submitted one representation before me through the Principal of the college and the same is enclosed herewith. The Student Union of the college has also submitted one representation against the requisition of the college premises to be used for the purpose of the election through the Principal of the college and the same is enclosed herewith. The vehicles will be plying and parked in the college premises during the election process and in that event the open space available will be entirely occupied at least for few days during the period of polling and counting of votes. It is stated by the college authorities that due to shortage of class rooms the classes are held in the auditorium also and in the event of requisition of the same the academic courses will be hampered. The presence of security and polling persons during the said period and also the presence of polling agents of various political parties will make the college premises busy and crowded. 13. As has been stated in the reply affidavit coupled with the above report, there is another vital aspect of the matter, which is the location of the girls hostel in the premises. In fact, the inmates of the girls' hostel expressed their displeasure and dissatisfaction for creation of chaotic and unruly situation near the girls' hostel when the college and its premises were requisitioned for the last Panchayat election (held in 2013). As stated in the reply affidavit, the situation was brought to the notice of the police administration but no action was undertaken. 14. Mr. D. Baruah, learned counsel representing the respondents has produced the file in which the impugned order has been passed. Referring to the said file he has fairly submitted that there is nothing to indicate recording of any opinion of the State Government or any person authorized in this behalf by the State Government requiring the college to be requisitioned. 15. I have very carefully perused the file and on perusal of the same I do not find anything showing recording of the satisfaction requiring the college to be requisitioned, although the same is recited in the impugned order dated 06/03/2014. 15. I have very carefully perused the file and on perusal of the same I do not find anything showing recording of the satisfaction requiring the college to be requisitioned, although the same is recited in the impugned order dated 06/03/2014. In the file, there is only reference to the purported report of the particular committee dated 31/12/2012 (more than one year before the present election was notified). The report was submitted to the Deputy Commissioner, Nagaon by the committee consisting of Extra Assistant Commissioner, Nagaon; Additional Superintendent of Police, Nagaon; Addl. Deputy Commissioner, Nagaon; Executive Engineer, PWD, Building Division, Nagaon; Executive Engineer, PWD Roads Division, Nagaon and Officer-In-charge, Fire Service Station, Nagaon. The report was submitted in respect of feasibility or otherwise of use of different institutions including the petitioner college for the then ensuing Panchayat election 2013. 16. It was on the basis of the above report, the petitioner college was requisitioned. It is the same very report which has been referred to by the District administration towards requisitioning the petitioner college without there being any subsequent derivation of satisfaction towards requisitioning the college. None of the members of the committee is from the academic field. The college was seen from the prospective of administrative convenience for making use for the then Panchayat Election, 2013. The position has much altered now. Apart from the fact that as per the requirement of Section3 of the aforesaid Act of 1964, there is requirement of deriving satisfaction requiring the college to be requisitioned, but there is also no assessment of the situation that would emerge in the academic atmosphere pursuant thereto. 17. The impugned order shown to have been passed under Section 3(1) of the aforesaid Act of 1964 also refers to Section 160 of the Representation of the People Act, 1951. For a ready reference, Section 160 is quoted below:-- 160. 17. The impugned order shown to have been passed under Section 3(1) of the aforesaid Act of 1964 also refers to Section 160 of the Representation of the People Act, 1951. For a ready reference, Section 160 is quoted below:-- 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 subsection 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. 18. (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. 18. If we go by the aforesaid provision of Section 160, a premise can be made use of for the purpose of Polling Station, storage of ballot boxes after a poll has been taken. The Government may by order in writing requisition such premises for the said purpose. But in the instant case, the purpose for requisition is multi facets including barricading and construction of strong rooms etc. As submitted the impugned order is in respect of the polls to be held on 07/04/2014 and 24/04/2014 i.e. on two different dates. In Paresh Chandra Chatterjee (Supra), the Division Bench of this Court held that the public purpose implicit in the "for providing proper facilities for accommodation". This was in reference to the provisions of the Act of 1964, which according to Mr. P.K. Goswami, learned counsel for the petitioner cannot prevail over a special law like the Representation of the People Act, 1951. In P. Rajan Sandhi (Supra), the Apex Court made a distinction between the Working Journalist Act and the Payment of Gratuity Act, and held that while the former Act is a special law, the later Act is a general law. 19. Section 160 of the Representation of the People Act, 1951 has specifically provided for requisitioning of premises for election purposes under which the authority is empowered to requisition any premises for the purpose of being used as a Polling Station or for the storage of Ballot boxes after a poll has been taken, but the same cannot be enlarged to a kind of situation in which the entire premises will remain under requisition for 1½ months from 31/03/2014 to 18/05/2014. Coupled with this, there will also be requirement to vacate the premises by removing the structures that would be installed which also likely to consume further time. The petitioner college has also emphasized on the damage that is likely to be caused to the building and the premises with the installation of such temporary structures including strong room, store rooms etc. 20. The petitioner college has also emphasized on the damage that is likely to be caused to the building and the premises with the installation of such temporary structures including strong room, store rooms etc. 20. While it is true that the notified election will have to be held as per the schedule and for the purpose the district administration may require suitable premises/buildings but at the same time it cannot be oblivious of the other basic requirements, most importantly to maintain the academic atmosphere of the college/academic institutions. As per the own showing of the respondents, irrespective of the number of rooms which will remain under requisition, it would require the entire premises of the college w.e.f. 31/03/2014 for barricading and construction of strong rooms etc. It can easily be visualized as to what would be the kind of situation in the college premises with such activities. 21. It was suggested by the district administration through Mr. D. Baruah, learned counsel representing the respondents that if need be the students of the petitioner college would be provided 10(ten) rooms each in other educational institutions nearby to the college. This plea cannot be accepted for the simple reason that the students of the petitioner college with the kind of atmosphere they are acquainted with, must be allowed to proceed with their studies with the same atmosphere. Coupled with this in the alternative premises, there will also not be laboratory facilities. On the other hand, students of the said two institutions will also suffer it is for the aforesaid reasons, the Election Commission of India also emphasized on the need to maintain the academic atmosphere of the School/College/Educational Institution vide their Annexure-2 letter dated 28/07/2010, which is reproduced below:- ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110001 No. 464/INST/.2010/EPS Dated 28th July, 2010 To The Chief Electoral Officers of All the States and Union Territories. Subject: Use of School/College/Educational Institution premises for the purpose of election and setting up of Strong Rooms/Counting Centre-regarding. Sir/Madam, Under sub-section 1(a) of section 160 of the Representation of the People Act, 1951, the premises should be requisitioned only if it is "needed or likely to be needed for the purpose of being used as polling stations or for storage of ballot boxes after a poll has been taken. 2. Sir/Madam, Under sub-section 1(a) of section 160 of the Representation of the People Act, 1951, the premises should be requisitioned only if it is "needed or likely to be needed for the purpose of being used as polling stations or for storage of ballot boxes after a poll has been taken. 2. It has come to the notice of the Commission that the District Authorities requisition the premises of School/College building for the purpose of setting up of polling station/Counting Centres and Strong Rooms for storage of EVMs and do not properly compensate for the damages to School Authorities or do not keep in view the larger societal duties in view. Further, personnel on duty do not take attention to keep the premises clean, which may have an adverse impact on students or educational institutions. 3. The Commission has considered the matter and has directed that the State/district authorities before requisitioning school/College buildings or any other building for the purpose of setting up of Polling/Counting Centres, Strong Rooms for storage of polled EVMs, should keep larger societal duties in view and explore the possibilities for the availability of other suitable alternatives building/premises so that the educational institutions are least affected or the purpose for which the building has been constructed, keeping in view the larger societal needs is not defeated. Accordingly, the District Election Officers should personally take care of the aforesaid instructions before establishing "Counting Centres" and "Strong Rooms" for polled EVMs and ensure that larger societal duties are not forgotten or given complete go by even where alternatives are available. 4. You are, therefore, requested to bring the above instructions to the notice of District Election Officer and ensure that these are strictly complied. Yours faithfully (SUMIT MUKHERJEE) UNDER SECRETARY (Emphasis added) For all the aforesaid reasons, I am inclined to allow the writ petition by setting aside the impugned order. There shall be no order as to costs. Petition allowed.