- (1.) Common questions of law and fact have arisen in these three writ petitions vizW.P. 9275 (W) of 2006, and W.P. 9344 (W) of 2006, and W.P. 9349 (W) of 2006. These three writ petitions are therefore disposed of by a common judgment.
(2.) In each of the three writ petitions the subject matter of challenge is an order issued under Section 160 of the Representation of the People Act, 1951 (hereinafter referred to as the 'Act'). The order dated 12th April, 2006 issued to the petitioner in W.P. 9275 (W) of 2006 reads as follows : "WHEREAS it appears to the undersigned that the vehicle/vessel/ animal mentioned in the Schedule below is needed/ is likely to be needed for the purpose of transport of E.V.M.S. to or from the polling station at .......................... Police Station .......................... Sub-Division.......................... District North 24 Parganas in connection with the transport of officers or other persons for performance of duties in connection with the General Election to Legislative Assembly, 2006 from all the Assembly Constituencies to be held on 27th April, 2006. NOW, THEREFORE, in exercise of the power conferred by Section 160 of the Representation of the People Act, 1951 (43 of 1951), read with notification No. 1976-Home (Elec) dated 18.3.06 the undersigned hereby requisitions the said vehicle/ vessel/ animal mentioned in the Schedule below and directs that the possession of and control over the said vehicle/vessel/ animal be made over to the MTO Dolfole on 20/4/2006, at 20.00 p.m./a .m. when he or an officer deputed by him will take charge and possession of the said vehicle/vessel/animal."
(3.) The order dated 9th April, 2006 which is the subject matter of challenge in W.P. 9344 (W) 2006 reads as follows : "WHEREAS it appears to the undersigned that the vehicle/ vessel/ animal mentioned in the Schedule below is needed/ is likely to be needed for the purpose of transport of Electronic Voting Machine to or from the polling station at..........................Police Station Domjur, Sub-Division Howrah, District Howrah in connection with the transport of officers or other persons for performance of duties in connection with the General Election to Legislative Assembly, 2006 from all the Assembly Constituencies to be held on 22.4.2006. NOW, THEREFORE, in exercise of the power conferred by Section 160 of the Representation of the People Act, 1951 (43 of 1951), read with notification No. 1976-Home (Elec) dated 18.3.06 the undersigned hereby requisitions the said vehicle/ vessel/ animal mentioned in the Schedule below and directs that the possession of and control over the said vehicle/vessel/ animal be made over to the undersigned on 20/4/2006, at 08.00 p.m. /a .m. when he or an officer deputed by him will take charge and possession of the said vehicle/vessel/animal.";