- (1.) The petitioner has come to this Court for initiation of contempt proceeding against the opposite parties for non-compliance of the order dated 28.8.2000 passed in CWJC No. 2649/2000(R).
(2.) The petitioner filed the aforesaid writ petition for payment of compensation for the damages caused to the vehicle of the petitioner during the Lok Sabha Election. It appears that the vehicle was requisitioned for Parliamentary Election. 1999. While the vehicle was on election duty it was damaged by explosion and fire by the extrimists. The vehicle was thereafter inspected at the instance of the Additional Collector. Chatra and the Motor Vehicles Inspector was directed to submit report after assessing the loss and damages caused to the vehicle. On the basis of these facts the writ petition was disposed of with a direction to the respondent Nos. 4 and 5 to take final decision in the matter of payment of compensation including the hire charges. The respondent No. 4 filed a show cause stating, inter alia, that the Election Commissioner issued a direction, vide letter dated 10.3.98, to all the District Election Officers that no compensation could be paid to any requisitioned vehicle in case of accident, loss or damages during the election duty. It is farther stated that the Deputy Commissioner has passed a final order on 23.9.2000 and thereby complied the order passed in the writ petition. A copy of the order dated 23.9.2000 passed by the Deputy Commissioner has been annexed as Annexure A to the how cause. The relevant portion of the order/decision of the Deputy Commissioner is reproduced herein below:-- 'Thus from the above the following emerges clearly that- (1) The truck No. BRB-1923 belonging to Shri Ajay Kumar Singh of Itkhori P.S. in Chatra District was requisitioned for Election Duty in general election 1999. The truck was blown up on 18.09.99 by alleged MCC party workers and an FIR bearing No. 30/99 has been lodged in Tandwa P.S. (2) That the petitioner has demanded Rs. 3.75 Lacs as compensation. But the MVI has estimated the damage to be only Rs. 80000/-. (3) The insurance cover of the vehicle was from 11.10.1996 to 10.10.1997 only hence the vehicle was uninsured during the time of the Accident which is against the Section 146 of the Motor Vehicles Act, 1988. (4) The Govt. of India, Finance Ministry letter as well as the letter of the Election Commission of India bearing No. 4/98/JS II dated 10.03.98 communicated to all District Election Officers of Bihar vide memo 2499 dated 11.10.2000 by the Cabinet (Election) Department read with Section 161 of the Representation of People' Act, 1951 is absolutely clear in that no compensation could be paid to any requisitioned vehicles for election duty in case of accident, loss or any damage. Hence I, C.K. Anil, District Election Officer hereby order that since there is no provision for payment of compensation to damaged vehicle requisitioned for election duty, therefore, no compensation need to be paid to the petitioner. However, the petitioner is free to approach the insurance company for it due for the damage caused."
(3.) In my opinion, the conclusion arrived at by the Deputy Commissioner cannot be sustained in law in the light of ratio decided by a Bench of this Court in the case of M/s Gray Hound Transport Company v. Union of India, CWJC No. 597/2000 (R). In similar facts and circumstances of the case, in the aforesaid decision, this Court relied upon the decision of the Full Bench in the case of Ram Narayan Singh v. Election Commission, (1996) 1 PLJR 621. The Full Bench observed:-- "Admittedly, the vehicle in question met with an accident while on election duty. 1 have noticed if the word 'owner' in this case is to be liberally interpreted, while the vehicle was requisitioned, for the purpose of liability, the Government becomes "owner" of the vehicle. There is no dispute that as per the condition No. 7 of the exception clause of the policy, the Insurance Company cannot be held liable for payment of damages or loss caused to the vehicle when requisitioned by the Government for election purposes. It is obvious if the vehicle was not requisitioned by the Government, in case of accident, in terms of the policy the petitioner would have been entitled for "compensation" of damages etc. from the Insurance Company." -;