DRAFTING /REQUISITIONING OF PREMISES/VEHICLES

Circular issued by Ministry of Law -assistance by Central Govt. employees and use vehicles.

"160. Requisitioning of premises, vehicles etc., for election purposes :-

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

(a) **************

(b) any vehicle, vessel or animal is needed or is likely to be needed for the purposes 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 the 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:

Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purposes connected with the election of such candidate shall be requisitioned under this subsection until the completion of the poll at such election.

Although the State Government enjoys ample powers under the Act to requisition any vehicle, this Ministry considers that it would not be desirable to wait for a requisition order to be issued in each and every case, especially when the vehicles are owned by or are under the control of a department of Government of India and that it would be better, if a statement, showing the number and category (e.g. car, station wagons, jeep) of the vehicles owned and under the control of the Department is made available to the Chief Electoral Officer of the State so that he could indicate the number of vehicles required for election purposes. The Chief Electoral Officer will ensure that the entire vehicle strength of an office is not taken away for election purposes. This Ministry is of the opinion that it would be sufficient if the vehicles are made available for about a week during the poll period.

6. The Election Commission has also drawn attention to the use of vehicles/cars etc., belonging to Government Departments and Undertakings in the co-operative or Public Sector (statutory or otherwise) functioning under the Union Government for electioneering purposes, either clandestinely or openly would amount to misuse of official machinery as these are bodies controlled by the Government in some way or the other. It has desired that misuse of official vehicles for election purposes should be stopped. Ministries, etc., are requested to kindly issue immediate instructions to all the undertakings, etc. under their administrative control that during the election, i.e., from the date of announcement of election till the date of declaration of result of"elections, vehicles, etc., belonging to these bodies should not be allowed to be used by Members of Legislative Assemblies and Members of Parliament or candidates in any capacity and the use of such vehicles should be confined only for administrative purposed authorised by the Central Government.

7. The Ministry of Home Affairs, etc., are requested to issue necessary instructions to the Heads of Department and Offices under their control and working in the States to afford facilities to the State Government in the manner detailed above. A copy of the instructions issued in this behalf may kindly be endorsed to this Ministry, the Election Commission and the Chief Electoral Officer of the State concerned. The orders issued may be made applicable also in the case of the bye-elections that may be held after the General Election.



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