Calcutta High Court Deems School Bus Requisition for Election Duty Arbitrary
The Calcutta High Court on Thursday quashed the state government's requisition order for eight buses from South Point High School, labeling the move as arbitrary under Section 160 of the Representation of the People Act. This section grants the state authority to requisition any vehicle for election purposes, but the court's decision underscores concerns over its application in this case.
Details of the Requisition Order
The officer-in-charge of Jadavpur East and the Regional Transport Office had requisitioned the eight school buses, mandating their reporting for duty on April 27 after school hours. The vehicles were scheduled for release post-election on April 29, with the only working school day being April 28, potentially disrupting student transport.
Court's Reasoning and Arguments
Justice Krishna Rao criticized the state's approach, stating, "In April 2025, you took a decision which is being called internal. In your mind you decided you would engage the bus of a school. Is it not the duty to put the same across to the school? If the section gives power then the notification of March 2026 is not required. Then you made a decision and passed several orders."
The school's counsel, Biswaroop Bhattacharyya, argued for exemption, emphasizing that the buses serve the junior section and that requisitioning them would harm students, especially with the new session starting on April 6. Despite the requisition order dated March 11, the principal's representation for exemption on March 31 was ignored.
The state counsel defended the action, citing Section 160's allowance to requisition any vehicle, including school buses defined as transport vehicles under the Motor Vehicles Act, 1988. They noted a shortage of vehicles due to 105 CAPF companies stationed in Kolkata, requiring transport for election officers.
The District Election Officer's counsel argued that prior notification to schools was unnecessary, only the requisition order needed to be sent.
Broader Impact on Private Operators
While the High Court spared South Point's buses, private operators faced significant disruptions. Arupam Dutta of the Poolcar Owners' Welfare Association reported that 15 pool cars were requisitioned, including two from South Point on Thursday, with services halted until April 30.
Anurag Agarwal of the West Bengal Contract Carriage Owners and Operators Union highlighted that 350 buses were needed for Malda and Jangipur from April 20-24, and another 900 from April 27-30, affecting services to schools like DPS, New Town School, and Birla High.
School Responses and Contingency Plans
DPS Newtown principal Ambica Mehra stated that if buses are taken, online classes might be necessary, as around 90 buses are outsourced. Heritage principal Seema Sapru noted no buses have been taken yet but expressed concern that such orders could force school closures without transport.
This ruling highlights the tension between election logistics and educational needs, with the court prioritizing student welfare in this instance.
