[ 289 ]
OFFICE OF THE DISTRICT MAGISTRATE, PUDUCHERRY
No. 1704/DM/D1/GELS/2024/1223.
Puducherry, dated 16th April 2024.
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
Whereas, the Election Commission of India vide its Press Note No. ECI/
PN/23/2024, dated 16-03-2024, has declared the schedule for General Elections to
Lok Sabha 2024 and the said election will be held on 19-04-2024 in Puducherry
District;
And whereas, under section 126 of the Representation of People Act, 1951,
in the period of 48 hours ending with the hour fixed for the close of poll, the
campaign will come to an end. After the closure of campaign period, no campaign
can take place within the constituency and there shall be restriction on presence
of political functionaries, party workers, procession functionaries, campaign
functionaries, etc., who have been brought from outside the constituencies and
who are not voters of the constituencies. Therefore, such persons should not
continue to remain present in the constituency as their presence after end of
campaign period may undermine the atmosphere for free and fair poll;
Registered with the Registrar
of Newspapers for India
under No. 10410
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No.
64
Poudouchéry
Mardi
16
Avril
2024 (27 Chaitra 1946)
No.
Puducherry
Tuesday
16th
April
2024
290
LA GAZETTE DE L’ETAT
[ PART-I
290
And whereas, as per the instructions of the Election Commission of India,
orders under section 144 of Cr.P.C., 1973 have to be issued regarding ban on
unlawful assembly and prohibition on holding of public meetings during the
period of 48 hours ending with the hour fixed for close of poll;
And whereas, no loudspeakers fitted on vehicles of any kind or any other
manner whatsoever shall be permitted to be used in Puducherry District during the
said period of 48 hours ending with the hour fixed for the close of poll in the entire
District of Puducherry;
And whereas, cellular phones, cordless phones, etc., shall not be allowed
within the 100 metres perimeter of the Polling Stations or within the Polling Booth.
No arms should be carried inside the Polling Station. Restrictions, however do not
apply to the Officers in-charge of law and order and Security Personnel put on
duty near the Polling Booth for use of such instruments in the course of discharge
of their official duties. Similarly, restriction on use of cellular phones, mobile phones,
etc., do not apply to the observers appointed by the Commission and Officer
in-charge of polling duties and persons drafted for polling duty, in course of their
official duties;
And whereas, no unauthorized persons should be present inside the
Polling Station at any time or during the poll.
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 outside the Polling Stations and thereby interfere in the smooth and fair
conduct of polling process and also thereby may cause breach of peace and impact
public tranquility. Hence, there is sufficient ground for proceeding for which
immediate prevention is required;
Therefore, in order to ensure free, fair, peaceful conduct of elections and
strict compliance/adherence to the instructions and rules laid down by the Election
Commission of India and in exercise of the powers conferred upon under section 144
of Criminal Procedure Code, I, Kulothungan. A, I.A.S., District Magistrate,
Puducherry District, in exercise of the powers conferred upon under section 144 of
the Criminal Procedure Code, 1973, do hereby promulgate prohibitory order, banning
the following activities from 6.00 p.m. of 17-04-2024 till 6.00 a.m. of 20-04-2024 in
Puducherry District:
(1) Unlawful assembly and holding of any public meetings/rallies.
(2) Presence of electors or campaigners who are not voters of the
constituencies in the District.
(3) Use of loudspeakers.
(4) Displaying any election matter including results of any opinion poll
or any other poll survey in any electronic media.
Any violation of this order is punishable by legal action under section 188
of IPC and other relevant provisions by law.
PART-I ]
LA GAZETTE DE L’ETAT
291
However, the expression “unlawful assembly” appearing in this order, will
not stand in the way of citizens going about their normal business and chores, to
go to vote and celebrate the festival of democracy in proper spirit, gathering for
private functions and this does not restrict house-to-house visit during 48 hours
in connection with door-to-door campaigning. This shall not apply to the Agencies/
Officials of the Government involved in the enforcement of Law and Order, conduct
of election and the maintenance of essential services.
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.
At Puducherry, dated the 16th day of April 2024.
KULOTHUNGAN. A, I.A.S.,
District Magistrate.
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