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GOVERNMENT OF PUDUCHERRY

OFFICE OF THE DISTRICT MAGISTRATE-CUM-

DISTRICT ELECTION OFFICER

No. 2024/DM/D1/GELS/2024/665.

ORDER

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

Whereas, the Election Commission of India has announced on 16-03-2024,

that the Lok Sabha Elections-2024 for the Puducherry Parliamentary Constituency

will be held on 19-04-2024 and soon after this announcement of the Election

Schedule, the Model Code of Conduct has come 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, auto rickshaws, 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

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176

LA GAZETTE DE L’ETAT

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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 and to be permitted only between 6.00 a.m.

and 10.00 p.m. 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 loudspeakers 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, there is sufficient ground for proceeding under section 144

of the Code of Criminal Procedure, 1973, to strictly mentioned in pre-para, which

may be detrimental to public peace and tranquility and for peaceful conduct of

election;

Now, therefore, I, Kulothungan. A., I.A.S., District Magistrate, Puducherry,

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

between 10.00 p.m. to 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 Lok Sabha

Elections-2024 for the Puducherry Parliamentary Constituency.

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 16th day of March 2024.

KULOTHUNGAN. A., I.A.S.,

District Magistrate.

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Published by the Director, Government Press, Puducherry.