Election Law / Representation of the People Act, 1951

Section 166 - Delegation of State Government Functions for Requisitioning

Section 166 of the Representation of the People Act, 1951 authorises a State Government to delegate specified statutory powers and duties relating to requisitioning of property for election purposes. The delegation must be made by notification in the Official Gazette and may be subject to stated conditions.

Text of Section 166 - Delegation of functions of the State Government with regard to requisitioning

The State Government may, by notification in the Official Gazette, direct that any powers conferred or any duty imposed on that Government by any of the provisions of sections 160 to 165 shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.

Meaning and legal requirements of Section 166

Delegation means authorising an identified officer or class of officers to exercise a power or perform a duty that the Act assigns to the State Government. Section 166 permits delegation; it does not itself transfer every power automatically.

Competent authority: The delegation is issued by the State Government.
Mandatory form: It must be directed through a notification published in the Official Gazette. An informal administrative instruction should not be treated as a substitute for the statutory notification.
Specified officers: The notification identifies the officer or class of officers authorised to act.
Defined scope: Only powers and duties under Sections 160 to 165 fall within this provision. The notification and the Act together determine the delegate's authority.
Conditions: Any conditions imposed in the delegation must be observed.

The delegation power is confined to the requisitioning framework established by these provisions:

Section 160 - Requisitioning of premises, vehicles, etc.: Authorises requisitioning for specified election-related purposes, subject to the Act's requirements and restrictions.
Section 161 - Payment of compensation: Provides for compensation for requisitioned premises, vehicles, vessels or animals and specified arbitration procedures.
Section 162 - Power to obtain information: Permits requiring information relevant to requisitioning or determining compensation.
Section 163 - Entry and inspection: Provides for authorised entry and inspection in connection with requisitioning orders.
Section 164 - Eviction from requisitioned premises: Deals with summary eviction of persons remaining in possession contrary to a requisition order.
Section 165 - Release of premises: Governs return of possession and prescribed notice where the entitled recipient cannot be located or identified.

How Section 166 operates in practice

Before an officer exercises a power purportedly delegated under Section 166, the relevant State Gazette notification should be examined to confirm that the officer or class of officers is named, the particular power is covered and any stated conditions are fulfilled. For example, authority to obtain information under Section 162 does not by itself establish authority to order requisitioning under Section 160 or determine compensation under Section 161.

Delegation does not remove statutory safeguards. A delegated officer remains bound by the substantive requirements of Sections 160 to 165, including provisions concerning compensation, inspection, eviction and release, as applicable. Whether a particular order is lawful depends on the Act, the operative Gazette notification and the facts.

Frequently asked questions

Can the State Government delegate all requisitioning functions?

Section 166 allows delegation of any powers or duties imposed on the State Government by Sections 160 to 165, but the scope actually delegated depends on the terms of the Gazette notification.

Is publication in the Official Gazette necessary?

Yes. Section 166 expressly requires the delegation to be made by notification in the Official Gazette.

Can an officer act beyond the conditions in the notification?

No. The delegated authority is subject to any conditions specified in the State Government's direction and the Act itself.

Official legal resources

Read the Representation of the People Act, 1951 (India Code), consult the Election Commission of India election laws, and check the relevant State Government's Official Gazette for an operative Section 166 delegation notification.

This article explains the statutory framework generally; the applicable State notification should be checked for any specific requisitioning action.