[sarav100]

How does insurance work in such scenarios? If you own a private car with comprehensive insurance coverage for personal driving on white number plates, the insurance company shouldn’t be liable to pay for any damages in case of an unfortunate accident of vehicle while performing non-personal election duty. I wonder if there’s any provision of election duty coverage in personal vehicle comprehensive or third party insurance policy.

While above point itself is unclear, another point would be if government would be liable for payment in no claim bonus (NCB) in upcoming year’s insurance premium that car owner would have saved up all these years with careful driving habits. For example, if a Mahindra Scorpio owner has been driving carefully for the last 5 years and has been fortunate enough to be claim free and is getting 50% discount as NCB in his current insurance policy, any insurance claim on his car while being driven by someone for election duty will lead to depletion of his no claim bonuses for next 5 years.

Another ambiguous point is that if emissions/pollution PUC certificate of the vehicle gets lapsed during election duty usage, who would be liable to renew it? Would it be the owner or the government officials? Please note that insurance claims require a valid PUC certificate and it is necessary anyways to keep vehicle emissions in check.

There are countless other aspects that are unclear with respect to this scenario.

[kaustavguha]

I was stopped a day ago on Kalyani Expressway, West Bengal on my way to work.

I own a Carens, the officer who stopped me, said my car needs to be requisitioned for 2024 General Election duty, and only 7 seaters are being requisitioned.

I explained to the officer that this is my car and I drive it myself and I didn’t have a driver, he kept trying to persuade me, but I kept on insisting to not “give” the vehicle.

Eventually he agreed to let me go, but also mentioned that other Police Stations on my way may stop me and the officer may not be so cooperative.

[Veeru]

This kind of vehicle seizure is not acceptable in 2024. From what I have heard from my collegue from Jharkhand is that, people take away the tyres from the vehicle to avoid being seized.

[headbanger]

Wow!!! So much for governance. There is a fancy word "requisitioned" for what essentially is a daylight robbery.

One of seniors in the family used to tell us when we were kids - G for Government and G for gunda. I didn't know back then that this is literally true.

[kinetic]

How on earth is this even legal? I have never heard of such a ridiculous order that allows PRIVATE vehicles to be taken away like this as if we're living in some third-world utterly lawless country. Its not enough that our taxes are siphoned away due to overwhelming corruption, now we have to worry about private vehicles being taken after all the taxes we've paid for it.

[Turbohead]

Never heard of this before!

So if somebody commits illegal activities with the vehicle, who will be held responsible? The owner? Will the requisition slip be valid at court or is this some printout without proper documentation/registration?

[Mitadru]

Originally Posted by kaustavguha

I own a Carens, the officer who stopped me, said my car needs to be requisitioned for 2024 General Election duty, and only 7 seaters are being requisitioned.

Well this reminds of an incident from the 2019 elections. We were going to Puri in a rental Innova, although with a private registration. We were stopped many times on our way to check if we were carrying explosive device or not. At one particular checkpoint our driver told us to not tell this was a rental car. He told the police that this belonged to one of our friends and this isn't a rental car, so won't be given for election duties. Later the driver informed us that we were given a private registered vehicle from the rental for this purpose. All of their yellow board vehicles which even included BMW's were already given for election duties, or for political parties. They were also sure that they would have to foot expensive repair bills and fuel bills for those election duty cars. So I can understand the pain which private car owners will undergo if same treatment is given to their cars.

[kaustavguha]

Originally Posted by Mitadru

Later the driver informed us that we were given a private registered vehicle from the rental for this purpose. All of their yellow board vehicles which even included BMW's were already given for election duties, or for political parties.

This time private vehicles are being requisitioned quite a lot it seems.

I will definitely rethink my plans of buying a 7 seater again.

[Mitadru]

Originally Posted by kaustavguha

I will definitely rethink my plans of buying a 7 seater again.

Though off topic, but I'd like to say if you genuinely need a 7 seater just don't let these elections be a reason to reconsider your car buying decision. Afterall, we buy these vehicles with our hard earned money, on top of that we give those expensive road taxes . Though it may not be an option for many, but still if you have a smaller second car which is not of MPV/SUV type , use that for these few days. Or better just take public transport for intra city and rental for outstation duties. Gives you a lot more peace of mind.

[Wason4699]

As from someone who is involved in these Car seizures. I offer some insights that might come useful. As per the Representation of People Act the Duty Magistrate can requisition Civil vehicles for polling duty if the inventory of vehicles is not fulfilled by the Vahan Koshang . Not only that a presiding officer can also summon a public or private building to conduct polls if he finds the existing venue as a hindrance for smooth conduct of polls.

[jackofsome]

Looks like the widely known view is only for West Bengal and nearby area folks. I have shifted to Kolkata last year and before this have never heard of any bizarre incidents like this. To say the least I am shocked to hear this.

I have prepped myself hence to not carry physical copies of documents going forward at least till the election is over. Looks like the darling Jimny will be garaged for a couple of months to say the least.

Such sad state of affairs be it roads, population, cleanliness, et all. Banana republic alright this.

[saket77]

Originally Posted by Wason4699

As from someone who is involved in these Car seizures. I offer some insights that might come useful. As per the Representation of People Act the Duty Magistrate can requisition Civil vehicles for polling duty if the inventory of vehicles is not fulfilled by the Vahan Koshang . Not only that a presiding officer can also summon a public or private building to conduct polls if he finds the existing venue as a hindrance for smooth conduct of polls.

Thank you for the insight. Please if you can also throw some light on the remedies available to general people like us whose private cars are requisitioned but they don’t want to provide their vehicles.

Today in a local daily, the rate chart has been issued by the Parivahan department for the amount payable to owners in case their vehicles are requisitioned. This is in Hindi so some members may not understand it but still posting here:

[sbanerjee]

Originally Posted by jackofsome

Looks like the widely known view is only for West Bengal and nearby area folks. I have shifted to Kolkata last year and before this have never heard of any bizarre incidents like this. To say the least I am shocked to hear this.

I have prepped myself hence to not carry physical copies of documents going forward at least till the election is over. Looks like the darling Jimny will be garaged for a couple of months to say the least.

Such sad state of affairs be it roads, population, cleanliness, et all. Banana republic alright this.

Jimny should not be a problem. 7 seaters are the prime target.

[McQueen]

Originally Posted by ABHI_1512

And I repeat, no one can force a private car owner to part with their car without consent. Sometimes, not knowing is not that bad if not for the perils of a social forum !!

Without whose consent?

Have you read 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—
   
   1. 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
      
   2. 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—
   1. “premises” means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;
      
   2. “vehicle” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.

If you're not well-connected and your vehicle is seized, your best bet would be—

1. To explain the police/transports dept. (PVD) officer right when they're requesting you to give your vehicle.
   
2. If above does not work, meet the District Election Officer (DEO) and explain him/her the situation.

[boniver]

Originally Posted by jackofsome

Looks like the widely known view is only for West Bengal and nearby area folks. I have shifted to Kolkata last year and before this have never heard of any bizarre incidents like this. To say the least I am shocked to hear this.

I have prepped myself hence to not carry physical copies of documents going forward at least till the election is over. Looks like the darling Jimny will be garaged for a couple of months to say the least.

Such sad state of affairs be it roads, population, cleanliness, et all. Banana republic alright this.

I don't think you need to worry so much and can continue driving your car. From what I hear the cops are only requisitioning SUVs for the elections. Smaller cars like WagonR, Jimny etc are not in their radar