- (1.) RULE. By consent rule is made returnable forthwith.
(2.) BY the present petition, the petitioner impugnes a direction issued by the Collector of Raigad dated 21/3/1996 directing the District Deputy Registrar of Co-operative Societies to instruct all societies to deposit their vehicles belonging to societies with him and he in turn would hand over the same to the Tahsildar of the respective Talukas. Pursuant to the above directions, the District Deputy Registrar has issued an order dated 26/3/1996 directing the petitioner society to hand over its vehicle Maruti Omni to the Tahsildar. The Election Commission of India has declared the election programme of the ensuing 11th Election of the Lok Sabha. The aforesaid direction can at best be justified under Section 160 of the Representation of People Act, 1951. The said section empowers the State government to pass an order in writing requisitioning any vehicle which is needed or likely to be needed for the purpose of transport of ballot boxes or transport of members of the police force for maintaining order during conduct of elections or for transport of any officer or other person for performance of any duties in connection with such election. Section 161 provides for payment of compensation in case a vehicle is requisitioned under Section 160. a perusal of the order impugned in the petition shows that it is nowhere mentioned that the vehicles are required for election purposes. No provision in respect of payment of compensation as provided under Section 161 has been made. The order merely requires the deposit of vehicles with the Tahsildar. The said order is not order passed under Section 160 of the Representation of the People Act and the same is passed beyond the powers conferred on the State and its authorities. The present order is passed by District Deputy Registrar, Cooperative Societies, and not by the State Government as required under Section 160. The said order in the circumstances is liable to be quashed.
(3.) RULE is made absolute in the aforesaid terms. No order as to costs. C. C. expedited. Order accordingly. ______________ _ .;