RAMESHWAR DAYAL NAGALIA AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-9-208
HIGH COURT OF UTTARAKHAND
Decided on September 28,2012

Rameshwar Dayal Nagalia And Others Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) The petitioners challenge the order dated 10.9.2012 and 15.9.2012 by which certain area in "Krishi Utpadan Mandi Samiti, Navin Mandi Sthal, Dehradun" has been requisitioned by the State Government under the powers vested with it under Section 160 of the Representation of the People Act, 1951. Section 160 of the Representation of the People Act, 1951 reads as under: "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. (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. "
(2.) Initially the contention as raised by the petitioners in writ petition was that the orders dated 10.9.2012 and 15.9.2012 are without jurisdiction as the requisition has been made by the District Magistrate who is not the authority under the law to order for such requisition. This point though the learned Senior Counsel for the petitioners concedes inasmuch as he submits that there is a delegating power by which the State Government delegated this power and in fact the State Government itself has issued the notice to this effect. Therefore, as far as this contention is concerned, there is no anomaly as alleged by the petitioners. The petitioners further contend that they will have to suffer a great hardship, as the requisition of the shop has to be made between 1.10.2012 to 13.10.2012.
(3.) Learned counsel appearing for "Krishi Utpadan Mandi Samiti, Dehradun" Mr. J. C. Belwal though has made a statement before the Court that the requisition in fact will be made from 6.10.2012 to 13.10.2012, and not between 1.10.2012 to 13.10.2012 as contended.;


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