NARENDRA KUMAR @ SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The issues relate to seizure of buses, trucks and other vehicles during election period may it be Parliamentary, State or Panchayat. The vehicles are seized for purposes of maintaining law and order or for movement of security forces from one district to other or directly for election purposes itself. At times the vehicles are seized in one district and passed on to the other districts. In some cases the vehicles are passed to different agencies. The vehicles at times are released in the same district and sometimes in other districts.

(2.) The State Government has thus fixed the compensation for various types of vehicles payable to the owners on day to day basis to compensate for deprivation of their vehicles. The aforesaid decision of the State Government has been communicated in letter dated 7.10.2005 issued by the Commissioner cum Secretary, Transport Department in view of letter No. 1-008/05-2409 dated 6.8.2005 of Chief Electoral Officer cum Commissioner and Secretary, Cabinet Election Department. For instance, for seizure of a bus having capacity of 50 persons, compensation has been fixed at Rs. 1200 per day, whereas compensation for detaining an Auto Rickshaw has been fixed at Rs. 150 per day. Likewise, the compensation fixed for other vehicles have also been enumerated therein.

(3.) The vehicles are seized for helping the administration in conducting elections which is a basic feature of democracy, however, the process involved for payment of compensation is most undemocratic.