Section 160 of the Representation of the People Act, 1951: Requisitioning of Premises, Vehicles and Other Property for Elections

Section 160 empowers the State Government to requisition specified premises, vehicles, vessels or animals needed for conducting elections, subject to statutory purposes, written orders, time limits and protections.

What is requisitioning under Section 160?

Requisitioning means requiring property to be made available temporarily for an authorised election purpose. It is distinct from permanent acquisition of ownership. The power is exercised by the State Government under the Representation of the People Act, 1951, and is subject to the conditions stated in the section and related provisions concerning compensation and release.

Section 160(1): Property that may be requisitioned

The State Government may issue a written order if it appears that, for an election held within the State, the following property is needed or likely to be needed:

The Government may make further orders necessary or expedient in connection with the requisition. The premises-related wording was expanded by the Election Laws (Amendment) Act, 2021, effective 1 August 2022, to expressly cover additional election infrastructure and personnel.

Provisos: Timing and protection for candidates

Premises may be requisitioned after the Election Commission issues the election notification under Section 30 and up to the date notified under clause (e) of that section. A vehicle, vessel or animal lawfully used by a candidate or the candidate's agent for election purposes cannot be requisitioned until completion of the poll in that election.

Section 160(2): Written requisition order and service

Requisition must be made through a written order addressed to the person considered by the State Government to be the owner or the person in possession of the property. The order must be served on that person in the prescribed manner. A mere informal request is not the statutory method specified by this subsection.

Section 160(3): Duration of requisition

Requisition cannot continue beyond the period for which the property is required for the authorised purposes listed in subsection (1). The duration must therefore be connected to the actual election-related requirement.

Section 160(4): Definitions

Premises means any land, building or part of a building, including a hut, shed, other structure or part thereof.

Vehicle means any vehicle used or capable of being used for road transport, whether mechanically propelled or otherwise.

Compensation and related statutory safeguards

Section 161 provides for payment of compensation for property requisitioned under Section 160, with methods of determination differing according to the kind of property. Section 162 permits the State Government to obtain information concerning property for requisition or compensation. Section 163 addresses authorised entry and inspection. Section 164 concerns eviction from requisitioned premises, while Section 165 provides for release and return of possession. These provisions should be read together with Section 160.

Practical implications for owners and occupiers

A person receiving a requisition order should check the identity and authority of the issuing office, the property described, the election purpose, the dates, and the manner of service. Copies of the order, possession records and documents relevant to compensation should be retained. The specific facts and applicable rules govern any objection or claim.

Official legal references

For the statutory text and amendments, consult the Representation of the People Act, 1951 on India Code and the Election Commission of India election laws portal. In particular, the 2021 amendment to Section 160(1)(a) and its provisos should be considered rather than relying on older versions limited to polling stations and ballot-box storage.