- (1.) THE petitioner complains of the respondent having wilfully disobeyed an order of this Court made on May 4, 2009 in proceedings brought under Article 226 of the constitution of India by the petitioner. The petitioner had complained of a vehicle owned by the petitioner having been illegally requisitioned by the authorities for the purpose of the last general election.
(2.) W. P. No. 8208 (W) of 2009 was decided on the basis of an earlier judgment reported at 2006 (4) CHN 207 (Anirban Ghosh v. District Election Officer) where it had been held that a private car not used for hire but meant exclusively for personal use may not be requisitioned for election purpose. The order of may 4, 2009, in its operative part, reads as follows : "since a view has been expressed by a bench of co-ordinate jurisdiction which has held the field at least since the last assembly election, the writ petition is allowed on the strength of the Anirban Ghosh dictum. The respondents shall forthwith release the petitioner's vehicle and the petitioner will be entitled to payment or compensation for the duration that the vehicle has been illegally detained by the respondent authorities in accordance with law. "
(3.) THE respondents to the writ petition were the district Magistrate and district election officer; the officer-in-charge of Canning police station; the sub-divisional officer, canning sub-division; and, the State of West bengal. The State was represented on may 4, 2009 and submission was made on behalf of all the respondents.;