Section 165: Release of Premises from Requisition - Representation of the People Act, 1951
Section 165 of the Representation of the People Act, 1951 governs how premises requisitioned for election purposes are released and returned. It identifies the person entitled to receive possession, provides a notice procedure when that person cannot be located and specifies when the State Government's responsibility ends.
Purpose and relationship with Section 160
Section 160 permits the State Government, subject to its statutory conditions, to requisition premises for election purposes such as polling stations or the storage of ballot boxes. Under Section 160(3), the requisition cannot extend beyond the period for which the premises are required for the statutory purpose. Section 165 then prescribes the method for release and delivery of possession. Its specific provisions concern premises, rather than vehicles, vessels or animals.
Section 165: Release of premises from requisition
Sub-section (1): To whom possession must be delivered
When premises requisitioned under Section 160 are released, possession must be delivered to the person from whom possession was taken at the time of requisition. If there was no such person, possession is to be delivered to the person deemed by the State Government to be the owner of the premises.
Such delivery constitutes a full discharge of the State Government from liabilities in respect of that delivery. However, it does not prejudice the rights of another person in the premises. That person may enforce any such rights against the recipient of possession by due process of law. The discharge should therefore not be read as a judicial decision determining ownership or extinguishing competing property rights.
Sub-section (2): Notice when the recipient cannot be found
Where the person entitled to receive possession under sub-section (1) cannot be found, is not readily ascertainable, or has no agent or other person empowered to accept delivery, the State Government must take both of the following steps:
- Affix a notice declaring release from requisition on a conspicuous part of the premises.
- Publish the notice in the Official Gazette.
These requirements provide a statutory alternative to physical handover where delivery to an identifiable or available recipient is not possible.
Sub-section (3): Effective date and legal consequences
When the notice referred to in sub-section (2) is published in the Official Gazette, the premises cease to be subject to requisition from the date of publication and are deemed to have been delivered to the person entitled to possession. The State Government is not liable for compensation or other claims in respect of the premises for any period after that date. This statutory consequence applies to the Gazette-notice procedure described in sub-section (2).
Key expressions explained
- Requisition
- Temporary compulsory taking of premises for an election-related purpose under the authority and conditions of Section 160; it does not itself transfer ownership.
- Premises
- Under Section 160(4)(a), any land, building or part of a building, including a hut, shed or other structure or any part thereof.
- Official Gazette
- The official publication in which the release notice must be published for deemed delivery under Section 165(3).
- Due process of law
- Lawful proceedings or procedures by which another person may enforce property rights against the person who receives possession.
Practical steps on release
- Identify the original requisition order under Section 160 and confirm that the election-related requirement has ended.
- Identify the person from whom possession was taken and record the delivery of possession to that person, or, where applicable, the person deemed to be the owner.
- If the eligible recipient cannot be found, identified readily or represented by an authorised recipient, affix the release notice conspicuously and publish it in the Official Gazette.
- Keep records of handover, affixture and Gazette publication, as appropriate, because the date and method of release affect statutory liabilities.
- Consider separately any compensation payable for the requisition period under Section 161 and any third-party property claims.
Frequently asked questions
Can the State Government deliver premises to someone other than the owner?
Yes. The first statutory recipient is the person from whom possession was taken. The person deemed by the State Government to be the owner is the alternative if there was no such person.
Does handing over possession settle disputes over ownership?
No. Section 165(1) expressly preserves the rights that others may enforce against the recipient through due process of law.
When does requisition end if no recipient is available?
Under Section 165(2)-(3), after the required affixture and publication procedure, requisition ceases on the date of publication in the Official Gazette, and delivery is legally deemed to have occurred.
Does the Gazette publication extinguish earlier compensation claims?
Section 165(3) addresses liability for periods after publication. Entitlement to compensation for the period of requisition is governed separately, principally by Section 161.
Related provisions and official resources
Read the Representation of the People Act, 1951, Section 160 (requisitioning), Section 161 (compensation), Section 164 (eviction) and Section 166 (delegation). For authoritative legislation and election administration, consult India Code, Legislative Department and the Election Commission of India.
This article explains the statutory framework. For a particular requisition, consult the applicable orders, rules, Gazette notices and current official text.