Requisitioning of premises, vehicles, etc., for election purposes

Section 160 of the Representation of the People Act, 1951 deals with requisitioning of premises, vehicles, etc., for election purposes. 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 polling stations, for counting, for storage of ballot boxes, voting machines (including voter verifiable paper audi The Act came into force on 17 Jul 1951.

(1) If it appears to the State Government that in connection with an election held within the State

¹[(a) any premises are needed or are likely to be needed for the purpose of being used as polling stations, for counting, for storage of ballot boxes, voting machines (including voter verifiable paper audit trail) and poll related material after a poll has been taken, accommodation for security forces and polling personnel; 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,

that 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:

²[Provided that such premises shall be requisitioned after the issuance of the notification by the Election Commission under section 30 for such election till the date notified under clause (e) thereof:

Provided further 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.

Section 160, The Representation of the People Act, 1951 (Act 43 of 1951).