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2016 DIGILAW 343 (GAU)

Rajeeb Kalita v. Union of India

2016-05-02

AJIT SINGH, SUMAN SHYAM

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JUDGMENT : 1. Heard on IA No. 1296/2016 arising out of PIL No. 52 of 2015. 2. In the application, the petitioner has prayed that the State Government be restrained from allowing the use of Nabin Chandra Bordoloi AC Indoor Stadium situated at Sarusajai Sport Complex for purposes other than sports including election. 3. According to the petitioner, as the name suggests Nabin Chandra Bordoloi AC Indoor Stadium is meant exclusively for sports related activities, but the district authorities have illegally permitted the use of same for election purposes, which is impermissible under law. The petitioner, in support of his contention, has relied upon two decisions of the Supreme Court rendered in J. Jayalalitha v. Government of Tamil Nadu & Ors. (1999) 1 SCC 53 and Kishan Lal Gera v. State of Haryana & Ors. (2011) 10 SCC 529 . 4. It is not in dispute that Nabin Chandra Bordoloi AC Indoor Stadium has been requisitioned by the District Election Commission for using its dormitory as Strong Room for storing polled EVMs of the 4 State Legislative Assembly Constituencies, which went to poll on 11.4.2016. It is also not in dispute that the venue will be used for counting on 19.5.2016. 5. The District Election Officer, in his reply, has stated that in the absence of any alternative suitable venue, the Stadium, in question, is requisitioned like it was done in the previous election. It is also stated that every possible steps have been taken to ensure that no damage is caused to the much valued floor and other infrastructure of the Stadium. It is further stated that counting of votes would be held on 19.5.2016 and 21.5.2016 is the date, before which election process must be completed. 6. In J. Jayalalitha v. Government of Tamil Nadu (supra), the Supreme Court has deprecated the practise of the use of Stadium for non-sports activities. Not only this, the Supreme Court even directed the Government of Tamil Nadu not to ever permit Stadium for purposes other than sports. Later also, in the case of Kishan Lal Gera v. State of Haryana (supra), the Supreme Court has held that no part of the Stadium or sports ground can be permitted to be carved out for non-sports or commercial activities. Later also, in the case of Kishan Lal Gera v. State of Haryana (supra), the Supreme Court has held that no part of the Stadium or sports ground can be permitted to be carved out for non-sports or commercial activities. But, having regard to the fact that large scale arrangements have been made by the Election Commission and all polled EVMs have already been stored in the dormitory and also considering the fact that counting is scheduled for 19.5.2016, we, at this stage, are not inclined to direct the Election Commission to de-requisition and vacate the premises of Nabin Chandra Bordoloi AC Indoor Stadium. We, however, direct that henceforth, the District authorities will not allow the use of Stadium, in question, for purposes other than sports, without the prior permission of this Court. 7. With the above direction, the application stands finally disposed of. Order accordingly.