During elections, many citizens encounter a troubling situation—their private vehicles are stopped on the road, documents seized, and cars requisitioned for election duty. This raises an important legal question:
👉 Is such requisition of private vehicles even lawful?
This article breaks down the legal position in simple terms.
⚖️ Legal Framework: What Does the Law Say?
The power to requisition vehicles for election purposes comes from Section 160 of the Representation of the People Act, 1951.
This provision allows the State to requisition vehicles only when they are genuinely required for purposes such as:
- Transporting Electronic Voting Machines (EVMs)
- Carrying election officials
- Maintaining law and order during elections
Additionally, Section 161 provides that compensation must be paid based on prevailing market hire rates.
🚫 Can Private Personal Vehicles Be Requisitioned?
The answer is NO, not indiscriminately.
Courts have clarified that:
- The intention behind Section 160 is essentially to “hire” vehicles, not forcibly seize them.
- Only commercial or transport vehicles (like taxis, buses, contract carriages) fall within this scope.
- Private vehicles used for personal purposes do not qualify as “transport vehicles” under the Motor Vehicles Act.
👉 Using private vehicles for such purposes may itself be illegal, as it violates permit requirements under the Motor Vehicles Act.
❌ Common Illegal Practices During Elections
In practice, authorities sometimes misuse their powers. Courts have strongly condemned actions such as:
- Stopping vehicles on the road and forcibly seizing documents (RC, licence, etc.)
- Issuing pre-printed, mechanical requisition orders without proper application of mind
- Requisitioning non-commercial private vehicles
- Ignoring the mandatory procedure for serving notice
Such actions are not only unlawful but also arbitrary.
⚠️ Constitutional Protection
The Constitution of India protects citizens against arbitrary state action.
👉 Indiscriminate requisitioning of private vehicles violates Article 14 (Right to Equality).
Authorities must act with:
- Reasonableness
- Fairness
- Proper application of mind
Any abuse of power can be challenged before the courts.
🧾 What Did the Court Hold?
In a significant judgment, the High Court held that:
- Requisition of private personal vehicles is illegal and unsustainable
- Authorities acted arbitrarily and without following due process
- Such actions amount to misuse of power
👉 The requisition orders were quashed by the Court.
📌 Key Takeaways for Citizens
✔ Only commercial/transport vehicles can be requisitioned
✔ Proper written notice and procedure must be followed
✔ You cannot be forced on the spot to hand over your vehicle
✔ Any illegal requisition can be challenged in court
🛡️ What Should You Do If This Happens?
If your private vehicle is unlawfully requisitioned:
- Ask for a valid written order
- Check whether proper legal procedure has been followed
- Do not submit to coercion or illegal seizure of documents
- Seek legal advice immediately
Advocate Prithwish Ganguli
🏠 House # 73, near Tank #10, behind Matri Sadan Hospital,
EE Block, Sector II, Bidhannagar, Kolkata – 700091
📱 Mobile: 9903016246
📧 Email: prithwishganguli@gmail.com
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🌐 Website: https://blogs.prithwishganguli.in/posts/march2026/can-private-car-be-seized-for-election-duty-india
