The petitioner seeks to challenge an order of requisitioning which has been passed under Section 160 of the Representation of People Act, 1951 by the District Election Officer, Kanpur Nagar.
The petitioner is a Society registered under the Societies Registration Act, 1860 and conducts a guest house which is leased out for marriage and other religious purposes.
According to the petitioner, the guest house has already been reserved onwards from 16 July 2014 for marriage ceremonies. The third respondent, who is the District Magistrate as well as the District Election Officer, Kanpur Nagar, issued an order under Section 160 on 31 March 2014, requisitioning the guest house for housing of paramilitary forces for the elections to be held on 24 April 2014 and 30 April 2014 for the 44 Akbarpur Lok Sabha Constituency and 43 Kanpur Lok Sabha Constituency respectively. The petitioner submitted a representation on 2 April 2014 and thereafter moved these proceedings.
Section 160 of the Act provides for the circumstances, in which, premises and vehicles can be requisitioned for election purposes. Section 160 (1) provides 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."
Consequently, it is clear that the power to requisition under Section 160 (1) (a) of the Act covers 'any premises' which 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. Once Parliament has specified the grounds for requisitioning, it is not open to the Election Officer to requisition any premises for a purpose extraneous to, or for a purpose other than that which is covered by clause (a) of Section 160 (1) of the Act.
It is submitted by the learned counsel appearing on behalf of the Election Commission that Section 160 of the Act empowers the Government, while requisitioning premises, to make further orders as may appear to it to be necessary or expedient in connection with the requisitioning. This part of Section 160 of the Act enables the Government to pass ancillary orders. However, the purpose of the requisitioning cannot be altered beyond what is permitted in the statute in the guise of an ancillary or consequential direction.
In the present case, admittedly, the premises have not been requisitioned for the purpose of being used as a polling station or for the storage of ballot boxes after the election is over. Since the requisitioning is beyond jurisdiction and against the provisions contained in Section 160 (1) of the Act, the impugned order would have to be quashed and set aside and is, accordingly, quashed and set aside.
The principle which we have adopted has also been accepted in a judgment of a Division Bench of this Court in Committee of Management, Jagat Taran Girls Degree College, Allahabad Vs. State of U.P. & Ors.1 The Division Bench held as follows:
"11....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."
We, accordingly, allow the petition and set aside the impugned order dated 31 March 2014 passed by the third respondent.
There shall be no order as to costs.
Order Date :- 17.4.2014 RKK/-