Section 12-BCA: Requisitioning of premises vehicles etc. for election purposes

¹[(1) If it appears to the District Magistrate that in connection with an election under this Act to be held within the district—

(a) any promises are needed or are likely to be needed for the purpose of being used as a polling place or for the storage of ballot boxes after a poll has been taken, or

(b) any vehicle, vessel or animal is needed or is likely to be needed for the purposes of transport of ballot boxes in or from any place, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, he may, by order in writing, requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further order as may appear to it to be necessary or expedient in connection with the requisitioning :

Provided that no vehicle, vessel or animal which is being lawfully use by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election.

(2) The requisition shall be affected by an order in writing addressed to the person deemed by the District Magistrate to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed.

(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.

(4) In this section—

(a) ‘‘premises’’ means any land, building or part of a building and includes a hut, shed or other structure of any part thereof;

(b) ‘‘vehicle’’ means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.