KAUSHLENDRA SINGH RAJAWAT Vs. CHIEF ELECTION OFFICER

JUDGEMENT

(1.) Present petition has been filed by a student of law first year raising a grievance on behalf of local people and the students studying in Maharani Laxmibai College, Government Utkarsh Mahavidyalaya wherein for conduct of election process certain area of college is acquired causing inconvenience to the students rather than arranging for a suitable place for conduct of election process. In this background, relief has been sought to decide pending representation of the petitioner and further direct the respondents to make arrangements for another suitable place in the city for conducting election process in future. It is also submitted that respondents No.1 to 4 be directed to make a building and handover furniture of respondent No.5/College as was taken over for conducting election process.

(2.) Petitioner has enclosed photographs of barricading and a notice issued by the Principal of respondent No.5/College prohibiting students of the college from entering college between 6.12.18 to 11.12.18 on account of election process and further directing that in case of work relating to examination or any other urgent work, students can contact at new NCC building.

(3.) A return has been filed on behalf of respondent No.2 and 4 i.e. the instrumentalities of the State pointing out that Article 324 vests the responsibility on the Election Commission for superintendence, direction and control of election. Further section 160 of the Representation of the People Act, 1951 (hereinafter shall be referred to as "the Act") provides for requisitioning of premises, vehicle etc. for election purposes and reads as under :-