Section 162: Power to Obtain Information for Election Purposes
Section 162 of the Representation of the People Act, 1951 empowers the State Government to obtain specified information about property when considering requisition for election purposes under Section 160 or determining compensation under Section 161.
Text of Section 162 - Power to obtain information
The State Government may with a view to requisitioning any property under section 160 or determining the compensation payable under section 161, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.
Meaning and scope of Section 162
The provision is an information-gathering power linked to the election-related requisitioning process. It enables the State Government to issue an order asking a person to provide information about identified property. The order specifies the information required and the authority to which it must be furnished.
When may information be required?
- Requisition of property: To assess property that may be needed for election purposes under Section 160.
- Determination of compensation: To obtain relevant particulars for assessing compensation payable for requisitioned premises, vehicles, vessels or animals under Section 161.
Who may issue the order?
The statutory power belongs to the State Government. The order may require information to be furnished to an authority named in it. Section 162 does not itself confer an unrestricted independent power on every election official to demand information.
What information may be sought?
The request must concern the relevant property, be specified in the order and relate to information in the possession of the person addressed. Depending on the purpose, this may include particulars relevant to possession, ownership, use, rent, hiring rates or other facts necessary to consider requisition or compensation. These are illustrations, not a separate statutory list.
Relationship with Sections 160 and 161
Section 160 deals with requisitioning premises and certain transport resources for elections, subject to statutory conditions. Section 161 governs payment and determination of compensation for property so requisitioned, including specified arbitration mechanisms. Section 162 supports these functions by allowing the State Government to obtain the necessary property information.
Practical implications
A person receiving an order under Section 162 should identify the property and information specified, the authority to whom it is to be furnished, and the purpose stated in the order. Section 162 authorises obtaining information; the actual requisitioning of property and compensation are governed by their respective provisions. The section does not itself prescribe a general search or seizure power.
Official legal resources
For the current statutory text and election administration guidance, consult the India Code legislative database and the Election Commission of India. Check applicable rules and notifications for procedural requirements.