Private cars being unfairly requisitioned for elections in my state

I live in West Bengal, and unfortunately here cops are targeting private number plate vehicles.

BHPian sbanerjee recently shared this with other enthusiasts.

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. With SUV craze of the Indian buyers, now a days many of us owns SUVs or MUVs with 5+ seats. And cars like Scorpio, Fortuner, Ertiga, Carens etc are a hot target. Here they are stopping you left right and centre if you are an owner of such vehicle on the road. It doesn't matter if it is self driven, having family members or sick person on board or night or day. The cops here are issuing requisition slips, snatching away your licence or RC as collateral and you have to turn up for election duty.

The purpose of this post is, I want to know how this works out in other states? Also what options we have on our side to refuse, and not hand over our new SUVs for the dance of democracy.

Here's what BHPian mygodbole had to say on the matter:

MANDATORY DISCLAIMER: This is MY PERSONAL OPINION and I am not responsible for any consequences thereof. Please consider these as suggestions only.

Legit question requires a response. Most of my opinions are 'jugaad' options. Any suggestion that works is called a 'solution'.

Rent a car if you can do without the vehicle for the duration of this 'dance of democrazy';

Use Digilocker/MParivahan for license and RC.

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)

If you have a trusted workshop (not 'authorised' workshop), ask the workshop to keep vehicle in their garage with (a) the engine out of the engine bay; or (b) the drive shaft on the floor; or (c) any other shenanigan that makes the vehicle 'currently unusable'. The workshop needs plausible deniability;

If you have parking space that can be hidden from passers-by, use a car cover. (Actually this may work if none of your neighbours are nosy-parking political hacks);

Send the car to any f(r)iend who lives two states away (since cops seem to only target within-state private vehicles).

Please use caution and a bucket of salt (kosher or non-kosher) if considering any of the above as a possible solution.

Drive safe.

Here's what BHPian DicKy had to say on the matter:

Woah!!!

Have heard of cars being called for election duty during the Ambassador days, but in 2024 !!!!!

Don't the government have enough vehicles or as per new norms rent yellow board cars for long term? Why bother with the private property of ordinary citizens?

I believe you can refuse to give you vehicle, but not sure how it will work out in practice.

Here's what BHPian Shreyans_jain had to say on the matter:

It is difficult for people here in the north or western parts of India to imagine that such kind of things still happen in India. Our election ‘harassment’ is usually limited to being bombarded with ads on radio and social media, roads and intersections being defaced with banners and road closures whenever senior netajis are to arrive for rallies. Bengal is perhaps the only part of India that has actually regressed over time. Sad, for it was the richest and most progressive part of India at the time of independence.

Goes to show that it is ultimately the public who is responsible for the people they elect into power and the policies they then promulgate.

Here's what BHPian anjan_c2007 had to say on the matter:

The best alternatives as daily drivers during such phases would be:-

• Switch over to a vintage car.
• Use a Tata Nano (624cc engine) that seats 4 and has almost no luggage space.
• Maruti 800 (old SS80/SB 308 pre 2014)

Under Section 160 of the Representation of People Act, 1951, a District Authority viz. The District Collector is empowered to requistion public property (movable and immovable) for emergency measures.

They commonly misuse this privilege where normally, only after all public property options to requisition for duties have been exercised, private property requisitions need to be made. Such requisitions can be made during elections and during natural and manmade disasters in public interest. Blatant misuse of the proviso has come up in the courts where many court judgments exist quashing or setting aside such orders of the District Authorities.

This time many such incidents will come to the fore as countless goverment/PSU/local self government body vehicles older than 15 years have been compulsorily deregistered all over India since April 2022. Hence with new purchases from these bodies as replacements are moving at a snails pace we can forsee many incidents. One such government department here had nearly 45 vehicles of which only four are left. The district authorities normally met their needs with the government/PSU/ local self government vehicles of which they had a list which they used every year to get hundreds of these for election work. The picture is very different in 2024 due to Gadkari's Ministry notifying deregistration of 15 year plus vehicles.

Professionals like doctors, nurses, lawyers and others engaged in emergency and essential duties (includes even office goers) and those having ailing dependents to look after can always assert their rights and desist such coloured misuse of delegated discretionary powers by the concerned.

Here's what BHPian Samurai had to say on the matter:

Well, just few months after I bought the Grand Vitara in 2007, I faced a similar situation in Udupi, during the 2008 state elections. There were instances where SUVs like Scorpio/Safari being snatched. But they mainly focused on 7-seater SUVs and not 5-seaters.

But that practice went away after that. Parties realised it angered people a lot, the backlash was not worth it during the election.

Here's what BHPian ABHI_1512 had to say on the matter:

First things first, private cars can be requisitioned for poll purposes but only after the option of using government and commercial vehicles are fully exhausted. The rule is applicable for every state of India and not only West Bengal.

The problem is, the dependency of the transport sector on commercial vehicles across the state of West Bengal and that is why private vehicles are also requisitioned some times as a stop gap measure, specially in the rural areas or suburbs of the city. But one can always have a way out if any private car is requisitioned.

One can apply to the local district election office and state the reasons of how it will impact your daily life without the vehicle. It can be done proactively as well as after the vehicle has been requisitioned. In fact, there is a judgement from Calcutta High Court as well that vehicles can't be forcibly taken for election duties, I don't remember the year but it has happened some years ago. This requisition of private cars did happen at one point of time, but I have not seen these things happen in and around Calcutta for long now, certainly not after owners have applied for relief.

Also, vehicles are usually requisitioned along with drivers only. An owner driven car is hardly used if the owner can show adequate proof of not having a driver. Commercial cars are usually taken and from what I know, private cars are hardly needed now.

So, Dear Sir, if you are still paranoid about your car being forcibly taken over, please make an application and state the reasons for not being able to part with your car before the DEC and that should do. However, if you ask me, I will wait till a requisition notice comes to me !!

P.S- I don't know which part of Bengal you reside in but this requisition will not happen if you are in Calcutta or in any major city of West Bengal. The cities or major towns have enough commercial vehicles now to cater to the Election Commission. But in the unfortunate situation, do apply to the DEC for relief.

Here's what BHPian Sheel had to say on the matter:

I stay pretty close to W.B. border and keep going that side. I was stopped once, the legislative assembly election was scheduled.

Some magistrate / SDO stopped my SUV and wanted to seize it for election duty.

I said to him, very humbly - Sir, I may appear like a driver, but I am not, I am driving my own white plate SUV with my own family. My SUV is black in color (usually, taxis are not in black), so please excuse me and I will not come to W.B. till elections are over.

Even this time, I am supposed to go to W.B. for a wedding, will take my car this time, instead of my SUV, will not take a chance.

Something funny, yet relevant happened few years back. I was stopped for checks (mostly cash) and on not finding anything, they noted my SUV details and asked me to drop 2 police personnel at the local P.S. I requested them to hop in. On reaching there, I was informed that my SUV is seized. I was lucky that I was in my native jurisdiction, so one phone call later, I was released.

In Bihar, they mostly seize Bolero / Scorpio, no other SUV's.

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