WB Polls: Calcutta High Court Quashes Requisition Of School's Buses For Election Duty

The Calcutta High Court has quashed the requisition of eight school buses belonging to South Point, for West Bengal Assembly election duty, holding that the police and transport authorities acted without jurisdiction and failed to show any prior approval from the competent election authorities.Justice Krishna Rao observed that although Section 160 of the Representation of the People Act, 1951, empowers the government to requisition vehicles for elections, such power cannot be exercised arbitrarily or without following due process of law.The petition was filed by South Point Education Society & Anr., challenging notices issued by the Officer-in-Charge, Purba Jadavpur Traffic Guard, Kolkata, and the Regional Transport Officer requisitioning eight buses belonging to the school.The petitioners submitted that the buses were used daily to transport approximately 926 students, and their withdrawal would severely disrupt school operations and prevent students from attending classes on April 28, 2026.The Court found that the impugned requisition notices had been issued on March 11, 2026, whereas the documents later produced by the State showed that decisions regarding requisition were taken only on April 9, 2026 and April 15, 2026.Justice Rao held: “Without any decision taken by the Election Officer or the competent authority, the police authority as well as the Regional Transport Authority has issued requisition letter without any authority.”The petitioners relied on a government circular dated February 8, 2023, which stated that vehicles belonging to educational institutions specifically meant for transporting students should be requisitioned only in unavoidable circumstances and as a last resort.Accepting this contention, the Court noted that while the State cited a shortage of vehicles with Kolkata Police, it had not shown that no other transport vehicles were available in Kolkata.The Court observed: “In the case in hand, the authorities have requisitioned the school busses of the petitioners without showing any unavoidable circumstances.”The State relied on a recent Supreme Court judgment involving a school bus accident during election duty. However, the High Court held that the precedent was inapplicable because that case dealt only with compensation and not the legality of requisitioning school buses for elections.Concluding that the police and transport authorities had acted without authority and contrary to procedure, the Court held:“Considering the above, the requisition issued by the police authority as well as the Regional Transport Officer is without any jurisdiction. Thus the requisitions are set aside and quashed.”The writ petition was accordingly disposed of.Case Title: South Point Education Society & Anr. vs State of West Bengal & Ors.Case No: WPA 8521 of 2026Click here to read order

WB Polls: Calcutta High Court Quashes Requisition Of School's Buses For Election Duty

Srinjoy Das

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