DRAFTING /REQUISITIONING OF PREMISES/VEHICLES

Assistance by Govt. of India employees and use of Govt vehicles(dt. 08/04/1991)

Election Commission's Letter No. 458/91, dated 8th April, 1991 addressed to the Cabinet Secretary, Cabinet Secretariat, Rashtrapati Bhavan, New Delhi.
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Subject :- General Election to Lok Sabha and Legislative Assemblies of certain States and Union Territory of Pondicherry - Assistance by Govt. of India employees and use of Government vehicles etc.

As you are aware that the 9th Lok Sabha has been dissolved by the President on the 13th March, 1991 and the President has directed that the new Lok Sabha should be constituted on or before the 5th June, 1991. General Elections to constitute Assemblies of some States and Union Territory of Pondicherry will also be held along with the Lok Sabha elections.

2. For the purpose of efficient control of the polling personnel and the available personnel working under the State and the Central Government offices in the State, as well as under the local bodies, statutory bodies, corporations and Public Sector Undertakings have to be mobilised and an assessment of the availability of the requisite number has to be made well in advance. This work calls for a lot of planning. Especially in order to avoid any allegation of collusion among the polling personnel in favor of any candidate or political party and to instill confidence in the minds of political parties and candidates about free and fair election, it is necessary to ensure proper mix of polling personnel drawn from different Offices and Department at the time of formation of polling parties.

3. Similarly the premises and vehicles of the Government are also required for conducting the elections.

4. Since the State Governments always experience difficulty in mobilising a large number of personnel and vehicles to meet their requirements on account of their limited resources, they look to the Central Government Offices and Departments in the States for getting personnel and vehicles for a specified period during elections.

5. In this connection, I would like to draw your attention to Clause (6) of Article 324 of the Constitution which lays down that the President or the Governor of a State shall, when so requested by the Election Commission, make available such staff as may be necessary for the discharge of the functions conferred on the Election Commission. Likewise Section 160 (1) (b) of the R.P. Act, 1951, empowers the State Government to requisition Government premises, vehicles, etc. for the purpose of transport of men and materials for election purposes.

6. I am to request you to issue appropriate instructions to all Ministries and Departments of Govt. of India in the above matter so that no difficulty is faced by the State Governments for obtaining the assistance by Government of India employees and use of their vehicles. The legal implications of failure to respond to such requests may, if so deemed fit, also be brought to their notice.

7. A copy of the instructions issued may kindly be forwarded to the Commission at the earliest.

8. Copy to the Chief Electoral Officers of all States and Union Territories.



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