JUDGMENT M. Katju, J.
1. Heard Shri R.P. Tripathi learned counsel for the petitioner and Shri Bijendra Singh learned Additional Chief Standing Counsel for the respondents.
2. Since there is no factual controversy in this case, we are disposing off this case without calling for any counter affidavit.
3. The petitioner is the Committee of Management, Jagat Taran Girls Degree College, Allahabad, which is a reputed Institution in Allahabad, imparting education to the girls in Allahabad.
4. The petitioner has challenged the impugned order dated 8-4-2004 passed by the District Election Officer/District Magistrate, Allahabad copy of which is Annexure 1 to the writ petition. That order states that for the purpose of election for Lok Sabha which is scheduled to be held on 5-5-2004, the college premises is required from 3rd to 5th May for lodging 1000 employees who will be doing election work.
5. Section 160 of Representation of the People Act, 1951 (hereinafter referred to as the Act), states:
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 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, that 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."
6. The above provision clearly shows that the premises can be requisitioned for election purposes for use as a Polling Station or for storage of ballot boxes after the poll has been taken.
7. In the present case, the premises has been requisitioned not for use as a Polling Station or for the storage of ballot boxes but for accommodating the employees who will be engaged in the election work. This is clearly not warranted by Section 160 of the Act.
8. Since the purpose of the requisition has been mentioned in the impugned order it cannot be supplemented by an affidavit, vide M.S. Gill v. Chief Election Commissioner, AIR 1978 SC 851, Pavanendra Narain Verma v. Sanjay Gandhi P. G. I. of Medical Sciences, JT 2001 (9) SC 420 (AIR 2002 SC 23) (vide para 34), etc.
9. Shri Bijendra Singh, learned counsel for the respondents has referred to Section 20A of the Act which states:
20-A. General duties of district election officer. (1) Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall coordinate and supervise all work in the district in the area within his jurisdiction in connection with the conduct of all elections to Parliament and the Legislature of the State.
(2) The district election officer shall also perform such other functions as may be entrusted to him by the Election Commission and the chief electoral officer."
10. He has urged that the impugned order has been passed under Section 20A of the Act.
11. It is well-settled that the special law overrides the general law. Section 160 is a special law which provides for requisition of premises for election work, and states that the premises can be requisitioned only if required for use as a polling station or for storage of ballot boxes. It follows therefore that the premises can only be requisitioned for the two purposes referred to in Section 160. Section 20A is general provision and it does not refer to requisition of premises at all. Hence in our opinion it will not be applicable in a case when the matter relates to requisitioning the premises for election work. The only provision which will be applicable for such a case is Section 160, and the impugned order is clearly beyond the purview of Section 160 of the Act.
12. Learned counsel for the respondents has then urged that the impugned order can be passed under the Requisitioning and Acquisition of Immovable Property Act, 1952 as well as U. P. (Temporary) Accommodation Requisition Act, 1947.
13. We cannot accept this submission. The proviso to Section 3(2) of the Requisitioning and Acquisition of Immovable Property Act, 1952 states:
Provided that no properly or part thereof--
(a) which is bona fide used by the owner thereof as the residence of himself or his family, or
(b) which is exclusively used either for religious worship by the public or as a school, hospital, public library or an orphanage or for the purpose of accommodation of persons connected with the management of such place of worship or such school, hospital, library or orphanage, shall be requisitioned":
14. A perusal of the above provision shows that the property used as school can-not be requisitioned, nor can a property used as a place of religious worship, hospital, public library or an orphanage.
15. In the present case the petitioner runs a school and hence in view of the aforesaid proviso the premises cannot be requisitioned.
16. There is an identical provision in the U. P. (Temporary) Accommodation Requisition Act, 1947 which states:
Provided that no accommodation or part thereof--
(a) which is bona fide used by the owner thereof as the residence of himself or his family; or
(b) which is exclusively used either for religious worship by the public or as a school, hospital, public library or an orphanage or for the purpose of accommodating persons connected with the management of such place of worship or such school, hospital, library or orphanage, shall be requisitioned:
17. Thus a school cannot be requisitioned at all under the aforesaid Acts.
18. Moreover, the Representation of the People Act, 1951 is a special law which deals with requisition of premises for election purposes. On the other hand, the Requisitioning and Acquisition of Immovable Property Act, 1952 as well as the U. P. (Temporary) Accommodation Requisition Act, 1947 are general laws relating to requisition of accommodation and do not deal with requisitioning for election purpose. It is well-settled that a special law overrides the general laws vide Gobind Sugar Mills Ltd. v. State of Bihar, AIR 1999 SC 3097 (3100), Belsund Sugar Co. Ltd, v. State of Bihar, AIR 1999 SC 3125 (Para 45), Patna Improvement Trust v. Lakshmi Devi, AIR 1963 SC 1077, J. K. Cotton Spg. & Wvg. Mills Co. Ltd. v. State of U. P. AIR 1961 SC 1170. In Anandji Haridas v. S. P. Kushare, AIR 1968 SC 565 the Supreme Court observed:
"The special provision must be taken silently to exclude all cases falling within it from the purview of the more general provision."
19. Hence in our opinion the Requisitioning and Acquistion of Immovable Property Act, 1952 as well as the U. P. (Temporary) Accommodation Requisition Act, 1947 have no application at all since they are general laws relating to requisition of accommodation, whereas there is a special law viz. Section 160 of the Representation of the People Act, 1951 dealing with requisitioning of premises for election purposes.
20. In the present case it has been alleged in paras 11 and 12 of the petition that the petitioner pointed out the difficulties to the respondents which will be created by the impugned order. It was stated in the letter of the Manager to respondent No. 2, copy of which is Annexure 2, that presently examinations are going on in the College. There are not enough toilets in the college premises for 1000 employees. It was also mentioned in that letter that in an earlier year when during the Ramjanmabhumi agitation the college premises was requisitioned and made a temporary Jail the entire premises had been made filthy, and despite requests by the College management the administrative authorities did not get it cleaned. Because of this teaching work was disrupted for ten days.
21. Learned counsel for the respondents has referred to Article 324 of the Constitution which gives powers of Superintendence, direction and control of elections to the Election Commission. In our opinion, Article 324 has to be read along with Article 327 of the Constitution which states that Parliament has the power to make provision with respect to elections to Legislatures. Since Parliament has made the Representation of the People Act, 1951 obviously, the election authorities cannot pass an order in violation of the provisions of the Representation of the People Act and they cannot be allowed to say that they have right to pass such an order in view of Article 324 of the Constitution. In our opinion, the Election Commission and Election authorities arc also governed by the Representation of People Act and they cannot act in a manner, inconsistent with the Act by pleading that they are acting under Article 324 of the Constitution. The expression "subject to the provisions of this Constitution" in Article 327 only means that the law made by Parliament relating to elections should not violate constitutional provisions e.g. the provisions in Part III. The said expression cannot be interpreted to mean that the election authorities can violate the provisions of the Representation of the People Act on the pretext that they are exercising their right under Article 324.
22. For the reasons given above, this petition is allowed and the impugned order dated 8-4-2004, is hereby quashed.