[Mitadru]

My father has never been stopped by the police or such authorities for taking our car . We have our Santro for 15 years now, we haven't faced such an issue. Don't know with our current Slavia though. Both our cars have a doctor sticker, so maybe that helps. And besides none of our car have a sunroof ( good for poking your head out) nor are they SUV, so that helps as well. Just check if you can get some stickers" like " on government duty" to dissuade such audacious thieves.
Or use your beater, presumably not an SUV, as this would dissuade them . Maybe bang it into a wall or something 😂 to make it even more unattractive. Best of luck , and whatever happens, do keep us updated.

[bobbyblr]

Few years ago during one of the elections in Karnataka (2013 Karnataka Legislative Assembly election), the police had seized some Taxis for the election duty.

Scores of cab drivers have been put to inconvenience as the City police, who are facing a severe shortage of vehicles, have started commandeering taxis for poll duties ahead of the May 5 elections.

The City police have been accused of resorting to subterfuge and in some cases, outright force, to press-gang taxis and their drivers for election-related tasks.

According to the law, the Election Commission can legally commandeer any vehicle for election duty, after serving a notice to the owner of the vehicle under Section 160 of the Representation of People’s Act, 1951.

Below are the link to the news articles:

https://www.deccanherald.com/india/k...-draft-2258125

https://www.thehindu.com/news/nation...cle4677487.ece

[aniketi]

Originally Posted by ABHI_1512

Unfortunately, elections are conducted by the Election Commission and not the state government. And this requisition thing also happens under the watch of the Election Commission only. So, I guess changing or abolishing the Election Commission will bring the desired results and improve the situation for sure. I find it amusing that you have found a law and order problem in the original post as well !!

Addendum- There is a difference between vehicles requisitioned by the Election Commission and vehicles hired by political parties for their rallies and programs. Members here have clearly missed that part completely. The post is about the requisition part only and that comes directly under the purview of the Election Commission. I have already suggested the way out in my previous post in this thread, and that is applicable pan India and not just for the state of West Bengal !!

The post says cops stopping people, right? Cops come under state government only as far as I know, right? Then who is responsible? From where you got election commission into picture?

[Vasuki]

Originally Posted by aniketi

The post says cops stopping people, right? Cops come under state government only as far as I know, right? Then who is responsible? From where you got election commission into picture?

On the contrary, what he quoted is quite right. Law order, bureaucracy & other critical machineries come under the election commission once the election dates are declared. There are multitude of instances where even the DGP/Collector are changed to conduct smooth elections without interference from the state. It happens both at centre and state level.

[ex-innova-guy]

Originally Posted by aniketi

The post says cops stopping people, right? Cops come under state government only as far as I know, right? Then who is responsible? From where you got election commission into picture?

Dear sir, please read Section 160 of Representation of the People Act of 1951 which allows Requisitioning vehicles for election duty on certain circumstances which has already been mentioned by BHPians hothatchaway and ABHI_1512

Quoting it for the benefit of the others too.

Section 160 in The Representation of the People Act, 1951

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)any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, 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, 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: Provided 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.

TLDR: Section 160 of RoPA gives the respective State governments authority to seize your cars for polling purpose but only on your consent and when they have exhausted the vehicles belonging to government departments.

Also can read an example here of an EC issued notification letter.

[ike]

Originally Posted by mygodbole

1) Accept the requisition slip, 'agree' and do the 'bunk'; inefficiency is almost always impossible to prove; (If one political party 'issues' such a 'requisition', try and acquire a similar counter from an opposing political party, even if it means driving to, and parking in front of, their office)

The seizing of vehicles is by the government machinery that reports to the election commission once polls are declared. Political parties don't issue such "requisitions", the cars are meant for travel of government officials for election purposes, not for political party cadres.

Originally Posted by sbanerjee

Unfortunately yes, in the state I live in. In Calcutta it is now little less, as the police stations there have mostly by now fulfilled their individual targets (which I heard is around 60 vehicles per PS.) But the district and suburbs are a menace.

It is way too early for this to be happening. We do not have elections declared yet and nobody knows the poll dates. This usually happens a lot closer to the polling dates and never happens before announcement of elections. Are you sure this was for the parliament elections?

[Vikash Kumawat]

I heard this type of thing for the first time. New fear unlocked

[skywalker18]

When I was growing up in an oil township in upper Assam in the late 90s and till the mid-2000s, requisition was pretty common during elections.

The PSU (where my father worked) used to provide vehicles as per requirements provided by the DC but private vehicles were not requisitioned.

[sbanerjee]

Originally Posted by ike

It is way too early for this to be happening. We do not have elections declared yet and nobody knows the poll dates. This usually happens a lot closer to the polling dates and never happens before announcement of elections. Are you sure this was for the parliament elections?

Yes, I am sure, have also uploaded a picture in this thread of the requisition slip pasted on a windshield. I also knew they can't do this until the dates are announced, not sure how they are doing this.

[One]

Originally Posted by ex-innova-guy

TLDR: Section 160 of RoPA gives the respective State governments authority to seize your cars for polling purpose but only on your consent and when they have exhausted the vehicles belonging to government departments.

Couldn't find the "consent" part in the section, or am I missing something?

[saubi2299]

Originally Posted by sbanerjee

Yes, I am sure, have also uploaded a picture in this thread of the requisition slip pasted on a windshield. I also knew they can't do this until the dates are announced, not sure how they are doing this.

Officers have received Election duty letters and District Authorities have initiated their preparations. This is also part of their preparations. Hiring of vehicles is a significant expense, and maybe WB Govt is trying to save some money by requisitioning vehicles.

[NiInJa]

Originally Posted by sbanerjee

Hello folks. I tried to search the forum but seems this topic is not discussed. I live in West Bengal, and unfortunately here cops are targeting private number plate vehicles, as in normal vehicle types driven by most of us, for election duty. .

Happened to me in Pune during the 2019 elections Mine was white Ertiga that fit the description perfectly. The cops even assumed I was a driver and my dad and mom sitting in the rear seat were some politicos Had my 'gajab beijjati hai yaar' moment then as they asked me to open the boot of the car. Did not ponder over it as nothing more happened, they were just doing their duty. I would have been the happiest if they found cash stashed in the boot really, as I had emptied my bank account buying the car

[ex-innova-guy]

Originally Posted by One

Couldn't find the "consent" part in the section, or am I missing something?

Thank you for asking. While reading on this I had come across a case where the court had ordered and passed a judgment that the requisitioned vehicle should only be taken with owner’s consent. Generally the officials first approach commercial vehicle owners and at times private vehicle owners too. They prefer commercial vehicle as it is simpler for them to get a car along with a driver and then later compensate for both.

An election commission official assured vehicle owners of a fair hearing by poll officials. “The cars will not be taken over if problems stated are genuine. We are first taking over government and then, commercial vehicles. But we cannot fully exhaust the two options, as more people depend on the public transport system than their cars. That way, the public transport system might fall flat. We have to rationally exhaust the first two options before going in for private vehicles,” he said.

Tapan Banerjee of Joint Council of Bus Syndicate pointed out they were yet to receive the panchayat poll dues and that they had asked for the money. “We now receive Rs 1,910 a day. We have asked for a revised amount of Rs 3,500 a day. Each bus worker’s wage should be raised from Rs 165 to Rs 350 a day,” he said.

Source

[Gaur]

My family owns a transport business in Mumbai and our vehicles along with drivers are often taken up for election duty, depending on the usage it can be anywhere between 2days to 10 days as far as i remember.

Mostly none of the transporters have any problem with it as the vehicles are relatively driven quite less over this period, infact at times some of the vehicles are just standing idle as a backup and still being paid decently.
Generally the entire activity is done in a professional manner.

But never heard private vehicles being pulled up like this.

[Doonite]

Originally Posted by PGA

Gentlemen, I feel lets not carried away with this news, it could very well be usual 'SM alternative truth'. There is only an archaic provision which enables state govt to requisition a vehicle when no other alternative is available. There are enough checks and balances in that provision. It is not a mere PS level activity. It can very well be a renegade action by a local PS, which can be brought to book by taking up with seniors, who no matter what the public perception may be, are normally balanced individuals.

A state govt, if it feels it needs a vehicle, it has enough provisions of hiring the same and enough money as well. And one can imagine the political repercussions of such a draconian application of law, so such an activity in today's time in our country I feel is not possible.

Am I reading this right?

I request you to please go through the thread and read seasoned members comments, who have faced the same situations not so long ago.

It's not hearsay or alternate truth (to support any "agenda") when members on the forum are backing it up with similar experiences of their own.