ASHOK MUNISHWAR GIRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this Public Interest litigation, the petitioner has challenged the mode of requisition of vehicles at the instance of Election Commission and also the amount of compensation given by the respondents for requisitioning of such vehicles.

(2.) According to the writ-petitioner, the respondent-authorities requisition the vehicles according to their wish at any moment that they think fit and even when a particular vehicle is plying on road, by stopping the vehicle, the passengers are asked to get out of the vehicle by the concerned officers without caring for the passengers as to how they would reach their respective destination. The petitioner has also stated in the petition about instances where top level executives of multi-level Companies, who were on their business tour in the State of Gujarat, were forced to get out of their car as the officers of the Commission wanted their car for election duty. It is also alleged that the average amount of compensation given for a car is around Rs. 400/- per diem which is utterly inadequate having regard to the existing rate of rental of a carper diem.

(3.) An affidavit-in-reply has been filed on behalf of the Election Commission thereby contending that the Election Commission has acted in accordance with the provisions contained in the Representation of the People Act, 1951, [the Act, hereafter] and has also issued instructions regarding the manner of requisition of vehicles. A copy of such instruction dated 4th December 2012 has been relied upon in this connection.