Case Note & Summary
The judgment involves two writ petitions filed before the Bombay High Court, Nagpur Bench. The first petition was filed by Shri Gadge Maharaj Mahavidyalaya, a college, through its Principal, challenging an order of the Election Commission of India and the State Election Commission requisitioning its premises for use as a polling station during elections. The second petition was filed by eleven individuals, who are professors and assistant professors at various colleges, challenging similar orders. The petitioners argued that the requisition of their college premises would disrupt academic activities and that they had a right to refuse such requisition. The respondents, including the Election Commission of India, State Election Commission, and District Election Officer, contended that under Article 243K of the Constitution and Section 26 of the Representation of the People Act, 1951, the Election Commission has the power to requisition premises for polling stations, and educational institutions are duty-bound to comply. The court, after hearing arguments, held that the Election Commission's orders were valid and that the petitioners could not refuse to provide their premises. The court dismissed both writ petitions, upholding the requisition orders. The judgment emphasizes the importance of ensuring smooth conduct of elections and the obligation of all institutions to cooperate with election authorities.
Headnote
A) Election Law - Requisition of Premises - Duty of Educational Institutions - The Election Commission has the power to requisition premises for polling stations under Article 243K of the Constitution and Section 26 of the Representation of the People Act, 1951. Educational institutions cannot refuse to comply with such requisition orders. The court held that the petitioners, being educational institutions, are bound to provide their premises for election purposes and cannot claim any right to refuse. (Paras 1-10) B) Constitutional Law - Article 243K - State Election Commission - Powers - The State Election Commission is empowered to supervise and conduct elections to local bodies. The requisition of premises for polling stations is a necessary part of this power. The court held that the petitioners' challenge to the requisition order was without merit. (Paras 1-10)
Issue of Consideration
Whether educational institutions can refuse to provide their premises for use as polling stations during elections, and whether the Election Commission's order requisitioning such premises is valid.
Final Decision
Both writ petitions are dismissed. The orders of the Election Commission requisitioning the premises for polling stations are upheld.
Law Points
- Election Commission's power to requisition premises
- duty of educational institutions to provide premises for polling stations
- no right to refuse compliance with election authorities' directions
