Patna High Court
Kanhaiya PrasadversusTHE UNION OF INDIA
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the requisition of premises under Sections 160 and 161 of the Representation of People Act, 1951 for parliamentary and assembly elections is valid and dismissed the writ petition, directing the petitioners to seek relief from the District Magistrate.
Summary
The petitioners, shop owners in Bazar Samiti, Muzaffarpur, challenged a memo that refused to consider their grievance over repeated requisition of their premises for election counting, seeking a permanent counting venue and interim relief. The respondents, including the Union of India, Election Commission of India, State Election Commission, and the State of Bihar, relied on Sections 160 and 161 of the Representation of People Act, 1951 to justify the requisition of premises for parliamentary and assembly elections. The court examined whether the requisition was lawful and whether the compensation provisions under the Act satisfied the petitioners' claims. It observed that the requisitions were limited to election purposes and that the Act provides a mechanism for compensation and arbitration. Since the 2024‑2025 elections were over and the next elections are not due until 2029‑2030, the court directed the petitioners to approach the District Magistrate with documents and suggestions for an alternate site, with a decision to be issued by 31 December 2026. Consequently, the writ petition and any interlocutory applications were disposed of.
Issues considered
- Whether the requisition of the petitioners' premises for election counting under Sections 160 and 161 of the Representation of People Act, 1951 is lawful.
- Whether the petitioners are entitled to quash the memo refusing to consider their grievance and to a permanent counting facility.
- Whether the compensation provisions under Section 161 adequately address the petitioners' losses.
- Whether interim relief to prevent further disturbance of the petitioners' business is warranted.
Legislation cited
- Representation of People Act, 1951 — s. 160, 161
Subjects
- election
- requisition of premises
- Representation of People Act
- compensation
- writ petition
- business disruption
- permanent counting place
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7929 of 2019
======================================================
1. Kanhaiya Prasad S/o Late Kishun Prasad, Resident of Shop No. A-2 Bazar
Samiti, P.S. - Ahiyapur, District-Muzaffarpur.
2. Kumod Kumar Chaudhary, S/o Village-Vijay Kumar Chaudhary, Resident of
Shop No. A-3 Bazar Samiti, P.S. - Ahiyapur, District-Muzaffarpur.
3. Munna Chaudhary, S/o Ashok Chaudhary Resident of Shop No. A-5 Bazar
Samiti, P.S. Ahiyapur, District-Muzaffarpur.
4. Neeraj Kumar S/o Sri Vijay Chaudhary Resident of Shop No. A-3 Bazar
Samiti, P.S. - Ahiyapur, District-Muzaffarpur.
5. Vijay Kumar Chaudhary S/o Bhagwan Chaudhary Resident of 78A Pankar
Market, P.S. - Town, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The Union Of India through the Secretary, Ministry of Law, Govt. of India,
New Delhi.
2. The Election Commissioner of India, New Delhi.
3. The Chief Electoral Officer, Bihar, Patna
4. The State Election Commission, Bihar, Patna
5. The State of Bihar, Through the Principal Secretary, Home Department,
Govt. of Bihar, Patna
6. The Collector, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deo Prakash Singh, Advocate
For the Respondent/s : Mr. Md. N.H. Khan, SC-1
Mr. Md. Harun Quareshi, AC to SC-01
For the ECI : Mr. Siddhartha Prasad, Advocate
For the UOI : Mr. Arvind Kumar, CGC
For the SEC : Mr. Girish Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
13 08-01-2026 Heard Mr. Deo Prakash Singh, learned counsel for the
petitioners, Mr. Siddhartha Prasad representing the Election
Commission of India (for brevity ‘the ECI’), Mr. Girish Pandey,
learned counsel for the State Election Commission (for brevity
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‘the SEC’) as also the State, Mr. Md. Harun Quareshi.
2. The present petition has been preferred for the
following relief(s):
“A writ in the nature of certiorari or any
other writ or order or direction be issued quashing
memo no. 664 dated-3.9.2016 whereby and
whereunder he refused to consider grievance of
petitioner's with regard to problems being faced
due to frequent requisitions of their shops for
purpose of counting in elections and thereby direct
the authorities to construct a permanent place
where the counting of election should be performed
without disturbing the business persons having
their shop at Bazar samiti, Muzaffarpur in legal
way.
ii. during the pendency of this writ
application interim order be passed so that the
authority may not disturb the petitioners.”
3. The petitioners own godown in the Ahiyapur
Agriculture Produce Market Committee, Muzaffarpur and are
aggrieved by the regular directions issued by the respondents
whenever an election approach to vacate the premises for
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smooth conduct of the elections.
4. Though the learned counsel for the petitioners
submit that at the onset of every election, such exercise take
place, it has been disputed by the learned counsels representing
‘the ECI as also ‘the SEC’ submitting that the same is
requisitioned only for the purpose of Assembly and
Parliamentary Elections.
5. Learned counsel representing ‘the ECI’ has taken
this Court to Sections 160 and 161 of the Representation of
People Act, 1951 (henceforth for short ‘the Act’) which read as
follows:
“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—
22
[(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]
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(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, the 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:
22b
[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
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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.
161. Payment of compensation.—(1)
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Whenever in pursuance of section 160 the State
Government requisitions any premises, there shall
be paid to the persons interested compensation the
amount of which shall be determined by taking into
consideration the following, namely:—
(i) the rent payable in respect of the
premises or if no rent is so payable, the rent
payable for similar premises in the locality;
(ii) if in consequence of the requisition of
the premises the person interested is compelled to
change his residence or place of business, the
reasonable expenses (if any) incidental to such
change:
Provided that where any person
interested being aggrieved by the amount of
compensation so determined makes an application
within the prescribed time to the State Government
for referring the matter to an arbitrator, the
amount of compensation to be paid shall be such
as the arbitrator appointed in this behalf by the
State Government may determine:
Provided further that where there is any
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dispute as to the title to receive the compensation
or as to the apportionment of the amount of
compensation, it shall be referred by the State
Government to an arbitrator appointed in this
behalf by the Government for determination, and
shall be determined in accordance with the
decision of such arbitrator.
Explanation.—In this sub-section, the
expression “person interested” means the person
who was in actual possession of the premises
requisitioned under section 160 immediately before
the requisition, or where no person was in such
actual possession, the owner of such premises.
(2) Whenever in pursuance of section
160 the State Government requisitions any vehicle,
vessel or animal, there shall be paid to the owner
thereof compensation the amount of which shall be
determined by the State Government on the basis of
fares or rates prevailing in the locality for the hire
of such vehicle, vessel or animal:
Provided that where the owner of such
vehicle, vessel or animal being aggrieved by the
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amount of compensation so determined makes an
application within the prescribed time to the State
Government for referring the matter to an
arbitrator, the amount of compensation to be paid
shall be such as the arbitrator appointed in this
behalf by the State Government may determine:
Provided further that where immediately
before the requisitioning the vehicle or vessel was
by virtue of a hire-purchase agreement in the
possession of a person other than the owner, the
amount determined under this sub-section as the
total compensation payable in respect of the
requisition shall be apportioned between that
person and the owner in such manner as they may
agree upon, and in default of agreement, in such
manner as an arbitrator appointed by the State
Government in this behalf may decide.”
6. He submits that in such an exercise/polls and for
the security of the ballot boxes after the voting is/are over till
the votes are counted and result declared, this place has been
found to be suitable and accordingly, repeatedly requisitioned.
The submission is that Section 161 of ‘the Act’ has taken care of
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all the payment of compensation and in any case and if
aggrieved, alongwith all the relevant supporting documents, the
affected party can move before the Arbitrator for just and proper
grievances so that the same is redressed.
7. So far as the requisition part is concerned,
submission is that as recorded above, the same is/are required
for the Parliamentary/Assembly Elections.
8. Learned counsel for the petitioners submit that they
are petty businessmen, if the premises is taken over from the
date, the election is announced till the election results are
announced, it definitely affects their families as also those are
working under them.
9. The submissions put forward by both the parties are
just and proper. On the one hand, the petitioners/their family
members, employees and their family members suffer due to
their displacement from the business place, on the other hand,
‘the ECI’/‘the SEC’ are equally justified in taking over a
secured place for such a huge exercise for the conduct of
elections.
10. However, now that the 2024 Parliamentary
Election as also 2025 Assembly Elections are over and the next
elections in regular process shall will held only in the year
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2029/2030 the parties have lots of time. Further, the State
Administration can also ponder over the matter as to whether to
continue with the present premises or they have any alternate
place in mind so that the business activities are not disturbed.
11. This Court has taken note of the submissions put
forward by both ‘the ECI’ and ‘the SEC’ that this premises is
taken only for the purpose Parliamentary Elections/Assembly
Elections and not for any other purposes.
12. In that background, this Court would like the
petitioners to approach the District Magistrate, Muzaffarpur
alongwith all the documents and shall also be suggesting
alternate place which can be requisitioned for the Lok
Sabha/Vidhan Sabha elections purposes. If such petition is
preferred in next six weeks, the District Magistrate, Muzaffarpur
shall be looking into the matter and shall be taking a decision
into the matter by passing a reasoned order by 31 st of December,
2026.
13. Needless to add, the District Magistrate,
Muzaffarpur can also take feedback from ‘the ECI’/‘the SEC’ in
this matter as also all the other stake holders as also getting
public opinion on the issue, if required, on using of an alternate
place for conducting the election.
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14. The writ petition as also the Interlocutory
Application, if any, stand disposed of with the aforesaid
observations.
(Rajiv Roy, J)
Adnan/-
U
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