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GOVERNMENT OF PUDUCHERRY

OFFICE OF THE DISTRICT MAGISTRATE, PUDUCHERRY

No. 2608/DM/D1/GEPLA/2021.

ORDER

(UNDER SECTION 144 OF Cr. P.C.)

Whereas, the Election Commission of India has announced on 26-02-2021,

that General Elections to Puducherry Assembly 2021 will be held on 06-04-2021 and

soon after this announcement of the Election Schedule, the Model Code of Conduct

has came into force with immediate effect;

And whereas, the Election Commission of India in its instructions vide

Letter No. 3/8/2000 J.S.II, dated 26-12-2000, has observed that all the political

parties, candidates and their workers, supporters and sympathizers would be using

loudspeakers for their electioneering campaigns. These loudspeakers are not only

used from fixed rostrums but, are also mounted/fitted on vehicles like trucks,

tempos, cars, vans, autorickshaws, cycle rickshaws, etc,. This use of loudspeakers

results in ‘noise pollution’ and causes great inconvenience and disturbance to the

public peace and tranquility;

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

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252

LA GAZETTE DE L’ETAT

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252

And whereas, the Commission has further observed that the student

community, in particular, gets seriously disturbed due to unfettered use of

loudspeakers. The aged, the infirm and the sick whether in Institutions, Hospitals,

etc., or at home are also put to severe discomfort. The indiscriminate and unfettered

use of loudspeakers at odd hours and at odd places at very high volumes causes

great annoyance and disturbance to general public and infringes their right to

peaceful living. Such disturbance to public in general and to sick, old and students

in particular cannot be allowed beyond permissible limits;

And whereas, the Commission has directed to strictly regulate the use of

loudspeakers during the election period as follows:

The use of loudspeakers, whether fitted on vehicles of any kind whatsoever,

or in static position used for public meetings for electioneering purposes, during

the entire election period starting from the date of announcement of election and

ending with the date of declaration of results and to be permitted only between

6.00 a.m. and 10.00 p.m.

All loudspeaker being used beyond the hours as prescribed above, shall

be confiscated along with all the apparatus connected with the use of these

loudspeakers.

And whereas, in my opinion, there is sufficient ground for proceeding

under section 144 of the Code of Criminal Procedure, 1973, strictly regulate the use

of loudspeakers during the election period, otherwise which may be detrimental to

public peace and tranquility and for peaceful conduct of election;

Now, therefore, I, PURVA GARG, I.A.S., District Magistrate, Puducherry,

do hereby prohibit the use of loudspeakers for election purpose during night time

between 10.00 p.m. and 6.00 a.m. in the morning.

Any violation of this order is punishable by legal action under section 188

of IPC and other relevant provisions by law.

Further, this order will be inforce till the completion of the General Elections

to Puducherry Legislative Assembly 2021.

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 under

section 144 (2) of Criminal Procedure Code, 1973.

Puducherry, dated this 26th day of February 2021.

PURVA GARG, I.A.S.,

District Magistrate.

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