[Nitrous Power]

I am out of words here. I never imagined that this kind of law exists in our country. I have never seen this happening in Gujarat, be it Private SUV/Car or Cabs or Commercial vehicles/SUV.

It's a high time that we should stand up against out rights.

[Traveller Nayak]

Originally Posted by Nitrous Power

I am out of words here. I never imagined that this kind of law exists in our country. I have never seen this happening in Gujarat, be it Private SUV/Car or Cabs or Commercial vehicles/SUV.

It's a high time that we should stand up against out rights.

Hey Nitrous Power, there have been incidents in Gujarat in 2012. See the below link. The Election Commission was taken to court through a PIL. The Commission apologised. But the risk remains.

http://ibnlive.in.com/news/election-...311099-37.html

The government and the courts need to move beyond 1951, plan better for such events and let the citizens have a tension free election. After all, as everyone says - this is the biggest festival in a democracy.



--
Nayak // Sent from my iPad using Team-BHP

[thoma]

A very disturbing rule within a democracy! Nobody would like to lend their private use item, given the callous nature in which these vehicles could be used. This is not similar to requisitioning a land during election or acquiring it for development. A vehicle could suffer unnoticed permanent damage if abused.

Requisitioning the 600 km run Ecosport incident is nothing but plain goondaism being performed by the authorities. At the very least, the law should be re-written to limit the requisitioning to vehicles meant for public transport (yellow board vehicles including taxis, vans, buses, lorries etc).

A few questions though.
1) What is the status in Kerala?
2) Are we safe from this tyranny, travelling within in a state, when the state's election dates are over? Or do we have to be cautious till the counting is over?

[mayankk]

No issues faced during travel to Agra.
The combination of the eway, the days still left to go, and the unrecognizable car probably worked, I don't know.
I didn't actually notice any activities like checking or flagging down vehicles.
Heading back now and hoping for the same.

[Sommos]

Originally Posted by Traveller Nayak

Unable to find the Supreme Court judgement which someone mentioned in the thread.

There is no Supreme Court judgement, however, there are two High Court judgements one by the Kolkata High Court and the other by the Mumbai High Court.

[Musa]

Was driving from Bangalore to Hyderabad on Thur, 3 April in a Figo with wife.
Was stopped outside Jadcherla for Election checking. An election officer, he had a ordinary computer printout stating he is on duty in a plastic pouch, and 3 police guys.
They waved me aside, took down the car registration number.

Officer then asked: "Aap ke pass kitna cash hai?"
I: "40,000, hum ek shaadi ke liya jaa rahen hai."
Officer walked around the car, had a good look inside.
I asked my wife to show him the cash.
She takes out a envelope which had 30,000.
Office askes the wife "How much cash?"
She replies: "30,000."
Officer: "Aap 30 bol raheai hai, aour woh keh rahai hai 40"
She replies: "Haan, balance alag bag may hai."
I tell him with a big smile: "Aagar aap gaadi check karna chaate hai, tho app check karlijeya ..."
Officer with a smile: "Nahi, nahi, packet halka dikh raha hai!"

And we are off again.
A pleasant experience overall !

[saket77]

Originally Posted by Musa

...
A pleasant experience overall !

Pleasant experience?
First of all, it's better to be safe than sorry. Why to carry so much cash when we have the facility of ATMs and core-banking facilities? We pay for these facilities to the bank, use it. Leave elections time, it is outright dangerous to carry so much cash any time traveling.

Second, it is better to use smaller hatchbacks, if you have one in the garage. Looking at the state of affairs and lame laws of land, it is better to play safe. So give the mighty SUV a rest and spin around in that nimble hatchback.

Also, if you can avoid traveling during the period, it's better. Not only from the point of getting 'requisitioned', but sudden outbursts of violence are common during elections and you don't want to get caught in the middle of one.

If you get 'caught' & your vehicle is taken away (no amount of pleading is going to help), I don't think you can do much except praying that they do not abuse your vehicle too much. Chances of getting it back before the duty, well...chances are very slim. If I am to believe my eyes, then I have seen even two-wheelers/ bikes being requisitioned in WB- near Howrah Bridge. I am not sure, but to me it looked like that.

Regards,
Saket

[Traveller Nayak]

Originally Posted by Sommos

There is no Supreme Court judgement, however, there are two High Court judgements one by the Kolkata High Court and the other by the Mumbai High Court.

Thanks Sommos.

Interestingly it appears that it is the Telegraph that has mentioned about both the judgments.

I managed to locate the Kolkata High Court ruling. Unable to locate the Mumbai High Court ruling.

Here is a link to the Kolkata High Court ruling: http://indiankanoon.org/doc/231367/

The Kolkata High Court ruling is crisscrossed between a specific order and the contempt of court. And, also makes interconnected references to 1-2 other rulings. My reading is that the facts of the Kolkata case are specific to one individual.

I will continue to look for any ruling or material that clarifies on this aspect.

[condor]

I am trying to check on this. A summary update I got is that it is not that simple for them to go around taking (private) vehicles like that.

Importantly, apart from the one incident in WB, we have not received any other reports of a vehicle actually being taken. If any vehicle had been picked up, I think it would have spread by now.

So far, we seem to have only discussed the possibility that vehicles can be taken.

[vnabhi]

Originally Posted by Traveller Nayak

I have spent past few hours looking through the material available on the web.

Short answer - it is 'The Representation of People Act, 1951': http://lawmin.nic.in/legislative/ele...ct,%201951.pdf

Happened to see this thread just now. You are right about the Representation of People Act.

Way back in 1982, I was managing the transport fleet of Vizag Steel Plant, a Govt of India undertaking. Our MD got a notice from the Vizag Collector requisitioning for 10 Jeeps and 4 cars from the fleet. We were reluctant to let go of our newly-acquired vehicles, and on the instructions of the MD, chose to keep quiet and not respond.

A week later, a reminder came. We did not respond. Our top management felt that the State Govt could not bully a Central Govt. undertaking. But we were wrong. A couple of days later, the MD got a strongly-worded notice from the Collector quoting the above act and stating that any vehicle of Vizag Steel plying on the roads would be forcibly seized and that the MD would be prosecuted under the law.

So under duress, we relented and let go of our fleet for 3 days, along with a dozen drivers who were on our rolls. The vehicles were taken to remote, hilly areas like Araku Valley and used round the clock. The drivers had no rest and claimed overtime for several hours each. We sent their overtime claim to the Dist. Collector, who never bothered to even respond. During my 21 years in that company, I have not seen the claim being reimbursed.

Such is the sorry state of affairs in our country. But at that point of time, I was not aware that even private vehicles could be requisitioned. As far as I remember, it was limited to government vehicles only, be they State Govt. or Central Govt. vehicles.

[honeybee]

Originally Posted by Traveller Nayak

Here is a link to the Kolkata High Court ruling: http://indiankanoon.org/doc/231367/

The Kolkata High Court ruling is crisscrossed between a specific order and the contempt of court. And, also makes interconnected references to 1-2 other rulings. My reading is that the facts of the Kolkata case are specific to one individual.

I will continue to look for any ruling or material that clarifies on this aspect.

I think the case of Anirban Ghosh vs District Election officer may have to be checked as it has been referred to in the above ruling.

[ajmat]

Over the weekend, I travelled from Ooty to Bangalore via Kollegal, Kanakpura. We were stopped many times. They searched the car and questioned us on where we were coming from and our destination.

At most checkpoints, everything is video recorded. At one checkpoint outside Chamarajnagar, there were BSF guards with submachine guns!

[Samurai]

Last week on my way to Manipal, I was stopped 3 times. Twice at the toll booths, they just wanted to note down the number, nothing else. I didn't see the point of it. Then a proper inspection of the trunk looking for black money at Hosmar.

But this is different than requisition of vehicles, which is a horrible thing to do in a democratic country. I guess the law was made in 1951 when whole of India probably had less than 1000 cars. And borrowed cars would be treated very carefully as they were rare. Now such a law is totally out of date.

[Sommos]

Originally Posted by condor

Importantly, apart from the one incident in WB, we have not received any other reports of a vehicle actually being taken. If any vehicle had been picked up, I think it would have spread by now.

So far, we seem to have only discussed the possibility that vehicles can be taken.

There are two reported incidents here, one at post#14 and the other at post#48, both at Kolkata.

Originally Posted by vnabhi

Happened to see this thread just now. You are right about the Representation of People Act.

Way back in 1982, I was managing the transport fleet of Vizag Steel Plant, a Govt of India undertaking. Our MD got a notice from the Vizag Collector requisitioning for 10 Jeeps and 4 cars from the fleet. We were reluctant to let go of our newly-acquired vehicles, and on the instructions of the MD, chose to keep quiet and not respond.

A week later, a reminder came. We did not respond. Our top management felt that the State Govt could not bully a Central Govt. undertaking. But we were wrong. A couple of days later, the MD got a strongly-worded notice from the Collector quoting the above act and stating that any vehicle of Vizag Steel plying on the roads would be forcibly seized and that the MD would be prosecuted under the law.

So under duress, we relented and let go of our fleet for 3 days, along with a dozen drivers who were on our rolls. The vehicles were taken to remote, hilly areas like Araku Valley and used round the clock. The drivers had no rest and claimed overtime for several hours each. We sent their overtime claim to the Dist. Collector, who never bothered to even respond. During my 21 years in that company, I have not seen the claim being reimbursed.

Such is the sorry state of affairs in our country. But at that point of time, I was not aware that even private vehicles could be requisitioned. As far as I remember, it was limited to government vehicles only, be they State Govt. or Central Govt. vehicles.

A similar incident occurred at Bhilai in 2003, where the Collector requisitioned a certain number of vehicles from Bhilai Steel Plant and the management released lesser number of vehicles by giving various reasons. The next morning when the Head of Personnel was on his way to the office his official car was stopped midway by the police and the car was confiscated. He narrated the incident to the control room over phone and a second car was immediately despatched for the ED. The second car was also confiscated and thereafter some executive gave the ED a lift to the office in his personal car. Within two/three hours all the remaining vehicles were released by the company.

In Dec'2013 all the four jeeps were requisitioned from a particular mines of Bhilai Steel Plant. The senior executive, who was incharge of that mines released three jeeps and requested for one jeep to be spared to ensure that production does not suffer. The next morning when he reached his office, two police personnel were standing there with an arrest warrant in the name of this executive. He was forced not only to hand over the remaining jeep but wasted two full days to vacate the arrest warrant, though he was not put behind bars during this period.

In the industrial belts the required number of vehicles can be requisitioned by the election officer from the big central PSU's and other private industries which have vehicles in the name of the company/business. So they don't have to harass the general public. I say so because I've never seen or heard any such incidence in Durgapur, WB and Bhilai, CG.

[SS-Traveller]

Originally Posted by condor

Importantly, apart from the one incident in WB, we have not received any other reports of a vehicle actually being taken. If any vehicle had been picked up, I think it would have spread by now.

So far, we seem to have only discussed the possibility that vehicles can be taken.

We don't have too many members from the 'goodlands' of UP (East), BR and JH on this forum as compared to states like KA or MH. In UP (East), BR and JH, requisitioning of private cars is much more common (perhaps because the number of commercially registered vehicles is low in these states). As for the other 'goodlands' of WB, we have one reported case of 1100D's relative's car having been requisitioned, and there are more reported cases of requisitioning during past elections in recent times (for e.g., ADC's motorcycle, as reported by Sutripta). So in these areas, it's a reality much more than a possibility, that a privately owned SUV is likely to be requisitioned.

I have personally seen an Ecosport being requisitioned 2 weeks ago in Ghaziabad district. I have been leaving my Scorpio at home and driving the Swift on my trips into UP since the last 3-4 weeks. Since elections in Ghaziabad-Meerut are on 10th April, I can go back to using the Scorpio from next week.

Glad to know such incidents are not so common in KA, MH, KL, TN & AP.