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La Gazette de L' État de Poudouchéry The Gazette of Puducherry
PART - I
➢ EXTRAORDINAIRE EXTRAORDINARY
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No. 153 Poudouchéry Vendredi 18 Novembre 2016 (27 Kartika 1938)
No. Puducherry Friday 18th November 2016
IN THE COURT OF THE DISTRICT MAGISTRATE
AT PUDUCHERRY
Present : Dr. SATYENDRA SINGH DURSAWAT, I.A.S.,
District Magistrate, Puducherry.
ORDER UNDER SECTION 144 of Cr. P.C.
Whereas, the Election Commission of India vide Press Note No. ECI/PN/58/2016, dated 17-10-2016 declared the schedule for bye-election to the No. 17, Nellithope Assembly Constituency in the District of Puducherry and the said bye-election will be held on 19-11-2016;
And whereas, section 126 of Representation of People Act, 1951 prohibits public meetings and processions during the period of 48 hours before the close of poll implying that all election campaign shall come to an end at 5.00 p.m. of 17-11-2016;
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LA GAZETTE DE L'ETAT [PART - I And whereas, the Election Commission of India has also issued instructions prohibiting the presence of political functionaries, party workers, supporters, etc., who were brought by the political parties from outside the constituency to bolster the campaign in constituency after the campaign period is over;
And whereas, the political functionaries, party workers, supporters and persons who are not voters or residents of the Nellithope Assembly Constituency shall not continue to remain present in the constituency after 5.00 p.m. of 17-11-2016;
And whereas, I am satisfied that there is every reason to believe that unknown miscreants and disgruntled persons may attempt to create disorder and trouble and thereby interfere in the smooth and fair conduct of Polling process and also thereby cause breach of peace and public tranquillity. There is sufficient ground for proceeding under section 144 of the Criminal Procedure Code, 1973, as immediate prevention is required.
Now, therefore, I, Dr. Satyendra Singh Dursawat, I.A.S., District Magistrate, Puducherry, in exercise of the powers conferred upon me under section 144 of the Criminal Procedure Code, 1973, do hereby prohibit the following in the area covered under No. 17, Nellithope Assembly Constituency with effect from 5.00 p.m. of 17-11-2016 (P-2 day of Poll) till end of Poll:
(a) Assembly of five or more persons in public streets or throughfares or in public places and carrying of banners, placards, etc., by any person and also the shouting of slogans and acting in any other manner detrimental to public peace and tranquillity; and
(b) Any such other activities which may disturb the process of polling/ election.
The emergent nature of case and circumstances do not permit serving of notice to the concerned in due time and hence, this order is passed ex parte u/s 144 (2) of Criminal Procedure Code, 1973.
This order shall not apply to agencies/officials of the Government involved in the enforcement of Law and Order, conduct of election and the maintenance of essential services.
This order shall not apply to the candidates and their agents from visiting the Polling Stations on the day of poll.
At Puducherry, dated 16th day of November 2016.
Dr. SATYENDRA SINGH DURSAWAT, I. A. S., District Magistrate.