MISCELLANEOUSCentral

Section 164 of The Representation of the People Act, 1951

Eviction from requisitioned premises.

(1)Any person remaining in possession of any requisitioned premises in contravention of any order made under section 160 may be summarily evicted from the premises by any officer empowered by the State Government in this behalf.
(2)Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

Summary

If a person stays in a property after the government has ordered it to be taken over, they can be removed.
An empowered officer can carry out this eviction summarily, which means immediately without a trial.
Officers have the power to break open doors or locks if they are forced to do so.
Before evicting a woman who does not appear in public, the officer must give her a warning and help her leave safely.

Practical examples

1A shopkeeper refuses to leave his store after the government requisitions it for a week to store voting machines. An authorized officer arrives and tells him he must leave immediately or be physically removed so the machines can be moved in.

2An officer needs to enter a shed that has been taken over for the election, but it is locked. He gives a loud warning to a woman inside who stays in seclusion, waits for her to step out, and then breaks the lock to get inside.

FAQ

1. Can I be forced out of my own building under Section 164 of the Representation of the People Act, 1951?

Yes, if the building has been legally requisitioned for election use, you can be summarily evicted under Section 164 of the Representation of the People Act, 1951.

2. Can an officer break my locks to get inside under Section 164 of the Representation of the People Act, 1951?

Yes, under Section 164 of the Representation of the People Act, 1951, an officer can remove locks or break open doors to effect an eviction.

3. Are there special rules for evicting women under Section 164 of the Representation of the People Act, 1951?

Yes, under Section 164 of the Representation of the People Act, 1951, women who do not appear in public must be given a warning and facilities to withdraw before the officer enters.

Test yourself

1.Under Section 164 of the Representation of the People Act, 1951, what does it mean to evict someone summarily?

2.Under Section 164 of the Representation of the People Act, 1951, what must an officer do before breaking open a door where a secluded woman is present?

3.Under Section 164 of the Representation of the People Act, 1951, an officer can remove or open what to effect an eviction?

4.Under Section 164 of the Representation of the People Act, 1951, why would someone be evicted?

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