Research › Search › Judgment

Madras High Court · body

2016 DIGILAW 1693 (MAD)

M. S. Balan v. Chief Election Commissioner, Election Commission of India

2016-05-06

K.K.SASIDHARAN, S.VIMALA

body2016
ORDER : This Writ petition in public interest is filed by a voter from Nilakottai to issue a writ of mandamus directing the respondents not to permit candidates, agents and workers from using Commercial Vehicles as Passenger Vehicles for election purpose in violation of the provisions of Motor Vehicles Act. 2. It is the case of the petitioner that candidates of all parties, their agents and workers are using commercial vehicles as passenger vehicles in connection with the election work in violation of Section 192A of the Motor Vehicles Act. Since there is a large scale violation, the petitioner submitted a representation to the respondents, through lawyer on 28.04.2016. However, the respondents have not taken any concrete measure to curb this practice of using commercial vehicles as passenger vehicles. The petitioner has therefore come up with this writ petition. 3. The learned counsel for the petitioner by placing reliance on photographs of various political parties using commercial vehicles as passenger vehicles contended that by using the vehicles for a different purpose, the political parties and their men are per se violating the provisions of Motor Vehicles Act. According to the learned counsel, these violations are taking place in the presence of Police officers and the Election officials. Since the violators are all political leaders and cadre, the Police and Election machinery failed to take cognizance. 4. The learned Standing Counsel for the Election Commission on instructions submitted that the Election Commission has already issued a communication to the Chief Secretary to Government of Tamil Nadu on 30.04.2016 to issue orders enforcing complete ban on use of non-passenger vehicles like trucks etc., for election purpose. 5. The learned Additional Advocate General submitted that the Principal Secretary/Transport Commissioner, vide letter dated 02.05.2016, instructed all the Zonal Officers/Regional Transport Officers/Motor Vehicles Inspectors in the State of Tamilnadu to ensure that the Motor Vehicles Act and Rules made therein are implemented strictly. According to the learned Additional Advocate General, the Principal Secretary to Government vide communication, dated 02.05.2016, informed the Chief Electoral Officer, Tamil Nadu with regard to the steps taken to restrain the parties from using Commercial transport buses for election work and more particularly for transportation of public. Therefore, the authorities have taken swift action in the matter. 6. The petitioner is aggrieved by the blatant violation of the provisions of the Motor Vehicles Act, 1988. Therefore, the authorities have taken swift action in the matter. 6. The petitioner is aggrieved by the blatant violation of the provisions of the Motor Vehicles Act, 1988. According to the petitioner, the Commercial vehicles are used for election work and they are transporting public. Such transportation is in violation of the provisions of the Motor Vehicles Act. It is also a source of danger to the people who are travelling in such vehicles and also to the public at large. 7. Chapter V of the Motor Vehicles Act, 1988 provides for issuance of permits. The Act contained detailed provisions with regard to issuance of permits for State Carriages, Contract Carriages, Goods Carriages etc. Section 192-A of the Act provides that whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of sub-section (1) of Section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or the purpose for which the vehicle was intended to be used shall be punishable for the first offence with a fine maximum of five thousand rupees and for any subsequent offence with imprisonment which may extend to one year but shall not be less than three months or with fine. 8. The petitioner is therefore perfectly correct in his contention that using commercial vehicles as passenger vehicles would attract the penalty prescribed under Section 192-A of the Motor Vehicles Act. 9. It is therefore not in dispute that there is a provision prescribing that the vehicles shall not be used in violation of the permit condition. Since the political parties and their agents started to use School Buses and Non-passenger vehicles for ferrying people/ for election meetings, the Election Commission of India vide communication dated 30.04.2016 called upon the Chief Secretary to Government of Tamilnadu to take immediate action by imposing a complete ban. The letter reads thus:- "I am directed to invite a reference to the subject cited and to state that the Commission has received a complaint that school buses and non-passenger vehicles like truks etc., are being used for ferrying of public for election meetings etc., Such a practice is dangerous for valuable lives of public since occupants will not have insurance cover in case of mishap etc. The Commission has directed that Government should ensure that Motor Vehicle Act and rules made thereunder are implemented strictly, and school buses are not allowed to be used for transportation of public for election meetings etc., commercial transport buses should ply only on the routes for which permits have been issued by the Transport Authorities. There should be a complete ban on use of non-passenger vehicles like truks etc., for the aforesaid purposes. Suitable orders in this behalf should immediately be issued by the State Government and a compliance report should be sent to the Commission by 11.00 a.m. of 02.05.2016." 10. The Principal Secretary cum Transport Commissioner, Chepauk, by Circular dated 02.05.2016, called upon all the Zonal Officers/Regional Transport Officers/Motor Vehicles Inspectors in the State of Tamilnadu to ensure that there is a complete ban on use of Non-Passenger vehicles for transportation of public for election meetings. The Circular No.9 of 2016 reads thus:- "In the reference cited, the Government has enclosed a letter received from the Election Commission of India, wherein the Election Commission has received a complaint that School Buses and Non-Passenger Vehicles like trucks etc., are being used for ferrying of public for Election Meeting etc. Such a practice is dangerous for valuable lives of public since occupants will not have insurance cover in case of mishap etc. In this connection, the following instructions are issued to all the Zonal Officers, Regional Transport Officers, Motor Vehicle Inspectors and Enforcement Officials of this Department for strict compliance. 1. To ensure that Motor Vehicles Act & Rules made there under are implemented strictly and School Buses are not a owed to be used for transportation of public for election meeting etc., 2. The Commercial Transport Buses should ply only on the routes for which permits have been issued by the Transport Authorities. 3. There should be a complete ban on use of Non-Passenger Vehicles like trucks, etc. for transportation of public for election Meetings etc., All the officials are requested to strictly adhere the above instructions without any deviation. All the officers of this Department are requested to send the acknowledgement for having received this circular by return of post." 11. 3. There should be a complete ban on use of Non-Passenger Vehicles like trucks, etc. for transportation of public for election Meetings etc., All the officials are requested to strictly adhere the above instructions without any deviation. All the officers of this Department are requested to send the acknowledgement for having received this circular by return of post." 11. The Principal Secretary/Transport Commissioner, Chennai vide communication dated 02.05.2016 informed the Principal Secretary to Government, Home Department about the action taken to enforce the provisions of Motor Vehicles Act and the ban on usage of Non-passenger vehicles for transportation of public. 12. The Principal Secretary to Government vide letter dated 02.05.2016 informed the Chief Electoral Officer, Tamilnadu, the steps taken by the State Government to implement the provisions of the Motor Vehicles Act and rules strictly and to ensure that Commercial Transport buses would ply only on the routes for which permits have been issued and ban on use of Non-Passenger vehicles for transportation of people for election meetings. 13. Even though there are provisions under the Motor Vehicles Act to ensure that vehicles are plied only in accordance with the permit, it is often violated especially during elections. 14. The respondents have now taken action to curb the use of non-passenger vehicles for transportation of public. The owners of these Non-passenger vehicles used for transportation of public should realise that in case of accidents involving people, they are not entitled for insurance benefits on account of violation of permit. Even the people who are travelling in such vehicles are also at risk, inasmuch as they would also be denied compensation by the insurance companies in case of accident. Therefore it would be in the interest of all the parties and the people at large to ensure that passenger vehicles like trucks are not used for transportation of public, whether it be for election meetings or for any other purpose. 15. None of the political parties are taking up this issue as they are also responsible for this sorry state of affairs. 16. The respondents have already issued directions to ensure that the provisions of Motor Vehicles Act and Rules are implemented strictly. The authorities have even issued directions to the effect that school buses enjoying concession in the matter of payment of tax are not expected to use the bus for transportation of people for election meetings. 17. 16. The respondents have already issued directions to ensure that the provisions of Motor Vehicles Act and Rules are implemented strictly. The authorities have even issued directions to the effect that school buses enjoying concession in the matter of payment of tax are not expected to use the bus for transportation of people for election meetings. 17. It would not be sufficient by issuing these directions. The respondents should take prompt action to enforce the provisions of Motor Vehicles Act and Rules strictly and their own instructions indicated above. 18. The petitioner is given liberty to make complaint to the Election Commission as well as to the other statutory authorities including the respondents, in case it is found that the school buses and Non-passenger vehicles like trucks are used for transportation of public for election meetings or any other similar meetings. In case any such complaint is made, necessarily, the Police, the authorities under the Motor Vehicles Act and the Elections officers must take prompt action and show that Acts and Regulations are meant for obedience and not for violation. The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.