Section 164: Eviction from Requisitioned Premises - Representation of the People Act, 1951

Section 164 of the Representation of the People Act, 1951 empowers an officer authorised by the State Government to summarily evict a person who continues to occupy premises contrary to a lawful election-related requisition order under Section 160. It also specifies the steps the officer may take to carry out that eviction.

What does Section 164 provide?

Section 164(1): Summary eviction

Any person remaining in possession of requisitioned premises in contravention of an order made under Section 160 may be summarily evicted by an officer empowered for that purpose by the State Government.

Section 164(2): Entry and removal of obstructions

An officer so empowered may remove or open a lock or bolt, break open a building door, or perform another act necessary to effect the eviction. Before doing so, the officer must give reasonable warning and an opportunity to withdraw to any woman not appearing in public, as specifically required by the statutory text.

Meaning of key expressions

Requisitioned premises: Property taken into temporary use through an order under Section 160 for an election purpose, such as a polling station or storage of ballot boxes. Under Section 160(4), "premises" includes land, a building or part of a building, a hut, shed or other structure, or part thereof.

Summary eviction: Removal under the statutory procedure without the ordinary extended process of a civil possession suit. This power is not a general power to evict tenants or occupiers: the premises must have been requisitioned under Section 160, occupation must contravene the requisition order, and the acting officer must be duly empowered.

When can the power be exercised?

  1. A written requisition order for the premises is made under Section 160 for an authorised election purpose and served in the prescribed manner.
  2. A person remains in possession in contravention of that order.
  3. An officer specifically empowered by the State Government carries out the eviction under Section 164, observing the statutory safeguard in subsection (2) where applicable.

The power should be read with the limits in Section 160(3): requisition must not continue beyond the period for which the property is needed for the statutory election purpose. Compensation for requisitioned premises is addressed separately by Section 161, and release of premises by Section 165.

Example

If a school building is lawfully requisitioned for use as a polling station and a person refuses to hand over possession in contravention of the requisition order, a duly empowered officer may invoke Section 164 to secure the premises. The officer's powers are confined to what is necessary to effect eviction in accordance with the Act.

Related statutory provisions

  • Section 160 - Requisitioning of premises, vehicles and other property for election purposes.
  • Section 162 - Power to obtain information.
  • Section 163 - Entry and inspection for requisitioning.
  • Section 167 - Penalty for contravention of requisitioning orders.

Official legal resources

Consult the Representation of the People Act, 1951 (India Code), the Election Commission of India - Election Laws, and the Legislative Department for statutory text and amendments. State-specific requisition orders and applicable rules should also be checked for a particular election.