MISCELLANEOUSCentral
Section 160 of The Representation of the People Act, 1951
- (1)If it appears to the State Government that in connection with an election held within the State 1[(a) any premises are needed or are likely to be needed for the purpose of being used as polling stations, for counting, for storage of ballot boxes, voting machines (including voter verifiable paper audit trail) and poll related material after a poll has been taken, accommodation for security forces and polling personnel; 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: 2[Provided that such premises shall be requisitioned after the issuance of the notification by the Election Commission under section 30 for such election till the date notified under clause (e) thereof: Provided further 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.
- (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.
Summary
- The State Government can take over, or requisition, premises like buildings or land for polling stations and counting centres.
- They can also requisition vehicles, vessels, or animals needed to move ballot boxes, police, or election officers.
- Premises can only be taken after the official election notification is issued.
- A candidate's vehicle cannot be taken until the voting is completely finished.
- Requisition orders must be in writing and served to the owner or person in possession.
- The government can only keep the property for as long as it is actually needed for election work.
Practical examples
1The District Collector issues a written order to a local school to use its main hall as a polling station for the upcoming election.
2A local boat owner is notified that his vessel is needed by the government to carry ballot boxes across the river to a remote village.
3A candidate is using his jeep for campaigning. The government cannot take that jeep away for official use until after the polls close on election day.
FAQ
1. Can the government take my car for election work under Section 160 of the Representation of the People Act, 1951?
Yes, Section 160 of the Representation of the People Act, 1951, allows the government to requisition vehicles needed for transport during an election.
2. When can a school be taken as a polling station under the 1951 Act Section 160?
Under Section 160 of the Representation of the People Act, 1951, premises can be requisitioned once the Section 30 notification for the election is issued.
3. Is my campaigning vehicle safe from being taken under Section 160 of the Representation of the People Act, 1951?
Yes, Section 160 of the Representation of the People Act, 1951, says candidate vehicles cannot be taken until the poll is finished.
Test yourself
Q1.Under Section 160 of The Representation of the People Act, 1951, what can the State Government requisition for transport?
Q2.According to Section 160 of The Representation of the People Act, 1951, when is the earliest premises can be requisitioned?
Q3.Under Section 160 of The Representation of the People Act, 1951, what is the rule regarding vehicles used by candidates?
Q4.How must a requisition order be delivered according to Section 160 of The Representation of the People Act, 1951?