GOVERNMENT OF GOA

Department of Home

Home—General Division

Office of the District Magistrate,

North Goa

___

Order

No. 40/18/2017-MAG/BYE ELECTION/101

Under Section 144 of Criminal

Procedure Code, 1973

Whereas, polling to the Bye Election to 11 - Panaji

& 19 - Valpoi Assembly Constituencies, 2017 is

scheduled to be held on 23-08-2017 in the State of

Goa and the Election Model Code of Conduct is

already in force with effect from 28-07-2017;

And whereas, it is essential to conduct the

General Election in free and fair manner and to

maintain public peace, order and tranquillity as per

provisions of Law and Model Code of Conduct which

has come into effect from 28-07-2017;

And whereas, there is possibility that political

disputes, confrontation and violence could start on

the eve of the poll day mostly during door to door

campaigning, intimidation of voters or influencing

voters and due to gathering any crowd and creates

nuisance and law and order problem.

And whereas, Section 126 of the Representation

of the People Act, 1951, provides that no candidate

shall try to influence voters in any way and thus no

public meetings, procession, musical concert or rally

or any kind of efforts for campaigning or

electioneering is to be allowed in the last 48 hours

from the hours of close of poll i.e. 17:00 hrs.

on 21-08-2017.

Panaji, 17th August, 2017 (Sravana 26, 1939)

SERIES III No. 20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Reg. No. G-2/RNP/GOA/32/2015-2017

EXTRAORDINARY

715

Suggestions are welcomed on e-mail: [email protected]

And whereas, Sections 171-B and 171-C of the

Indian Penal Code (IPC) clearly disallow attempts

of bribery and undue influence on any person or

voter and whoever commits offence of bribery is

punishable under Section 171-E of IPC and whoever

commits the offence of undue influence or

impersonation at an election is punishable under

section 171-F of IPC.

Now therefore, I, Nila Mohanan, IAS, District

Magistrate, North Goa District, in exercise of the

power vested in me under sub-section (1) of Section

144 of Code of Criminal Procedure, 1973 do hereby

order that:

(1) From 17:00 hours of 21-08-2017 to midnight of

23-08-2017 in 11 - Panaji & 19 - Valpoi

Assembly Constituencies under the

jurisdiction of North Goa District—

(a) Any Assembly of five or more persons

(including contesting candidates &

workers) will be deemed as unlawful

assembly under Section 144 of the Code of

Criminal Procedure, 1973 and shall be

prohibited to hold any procession or rally

under the garb of house to house visits or

corner meetings and to prevent creation

of any nuisance and law and order

problem.

(b) All vehicles permitted for use contesting

candidates by the Returning Officer for

campaigning shall not ply on roads so as

to avoid any distribution of money or gifts

or liquor and to prevent any nuisance and

law and order problem, except the

vehicles authorized by the Returning

Officer, DEO & CEO on the day of poll.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 20

(EXTRAORDINARY)

17TH AUGUST, 2017

716

dignified manner to avoid their misuse for

distribution of money or gifts or liquor and

for causing any nuisance also to avoid any

harassment to private persons.

The circumstances do not permit the serving in

due time of the notices individually upon the

persons against whom this order is directed.

Therefore, under the powers vested in me under

sub-section (2) of Section 144 of the Code of Criminal

Procedure, 1973 the order is passed ex-parte.

However, the above order shall not apply to the

authorized officers on Election Duty by the Election

Commission or the State Government, including the

Polling Officials, Magistrates, Police Officials and

Government staff.

Given under my hand and seal of this office on

this 16th day of August, 2017.

Panaji.— The District Magistrate, Nila Mohanan,

IAS.

_________

Order

No. 40/18/2017-MAG/BYE ELECTION/102

Under Section 144 of Criminal

Procedure Code, 1973

Whereas, polling to the Bye Election to 11 - Panaji

& 19 - Valpoi Assembly Constituencies, 2017 is

scheduled to be held on 23-08-2017 in the State of

Goa and the Election Model Code of Conduct is

already in force with effect from 28-07-2017;

And whereas, it is essential to conduct the

General Election in free and fair manner and to

maintain public peace, order and tranquillity as

per provisions of Law and Model Code of Conduct

which has come into effect from 28-07-2017;

And whereas, it has come to the notice of the

undersigned that political disputes, confrontation

and violence start on the eve of the poll mainly due

to misuse of Hotels, Restaurants, Tea Shops, Pan

Shops and other food shops/joints (Dhabas, Gaddas)

etc., due to gathering of crowd at such places

within the vicinity of 200 meters of the polling

stations, which creates nuisance and law and order

problems.

And whereas, Sections 171-B and 171-C of the

Indian Penal Code (IPC) clearly disallow attempts

of bribery and undue influence on any person or

voter and whoever commits offence of bribery is

punishable under Section 171-E of IPC and whoever

commits the offence of undue influence or

impersonation at an election is punishable under

Section 171-F of IPC.

Now therefore, I, Nila Mohanan, IAS, District

Magistrate, North Goa District, in exercise of the

powers vested in me under sub-section (1) of Section

144 of Code of Criminal Procedure, 1973 hereby

order that on the day of the poll viz from 06:00 hrs.

to midnight on 23-08-2017, all Hotels, Restaurants,

Bars, Tea shops, Pan shops, Eateries and other Food

shops/joints (Dhabas, Gaddas) etc., within the

vicinity of 200 meters of any polling stations in

11 - Panaji & 19 - Valpoi Assembly Constituencies

shall remain closed to avoid their misuse for

campaigning or intimidation of voters or influencing

voters. I further ban any gathering or crowd

comprising of more than 5 persons within 200 meters

of any polling stations in order to avoid occurrence

of any law and order problem.

The circumstances do not permit the serving in

due time of the notices individually upon the

persons against whom this order is directed.

Therefore, under the powers vested in me under

sub-section (2) of Section 144 of the Code of Criminal

Procedure, 1973 the order is passed ex-parte.

Failure to comply with this order shall be liable

for penal action under Section 188 of Indian Penal

Code and other relevant provisions of laws in force.

Given under my hand and seal of this office on

this 16th day of August, 2017.

Panaji.— The District Magistrate, Nila Mohanan,

IAS.

_________

Order

No. 40/18/2017-MAG/BYE ELECTION/103

Under Section 144 of Criminal

Procedure Code, 1973

Whereas, polling to the Bye Election to 11 - Panaji

& 19 - Valpoi Assembly Constituencies, 2017 are

scheduled to be held on 23-08-2017 in the State of

Goa and the Election Model Code of Conduct is

already in force with effect from 28-07-2017;

And whereas, Section 29(A) of Goa Excise Duty

Act, 1964 empowers the District Magistrate to order

the closure of the licensed premises “for the sale

of liquor” within his/her jurisdiction for such period

as may be necessary and appropriate for

maintenance of law and order.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 20

(EXTRAORDINARY)

17TH AUGUST, 2017

717

And whereas, in my considered opinion there is

sufficient grounds for proceeding under sub-section

(1) of Section 144 of Code of Criminal Procedure,

1973 for closure of all the licensed premises “for

the sale of liquor” within North Goa District from

17:00 hrs. of 21-08-2017 till midnight of 24-08-2017

and throughout day and night on 28-08-2017, in

view of polling and counting of votes for Bye

Election to 11 - Panaji & 19 - Valpoi Assembly

Constituencies, 2017;

Now therefore, I, Nila Mohanan, IAS, District

Magistrate, North Goa District, in exercise of the

power vested in me under sub-section (1) of Section

144 of Code of Criminal Procedure, 1973 read with

Section 29A of the Goa Excise Duty Act, 1964 do

hereby order that all the licensed premises “for

the sale of liquor” shall remain closed from

“17:00 hrs. of 21-08-2017 till midnight of 24-08-2017

and throughout day and night on 28-08-2017”, in

view of polling and counting of votes for Bye

Election to 11 - Panaji & 19 - Valpoi Assembly

Constituencies, 2017.

The circumstances do not permit the serving in

due time of the notices individually upon the

persons against whom this order is directed.

Therefore, under the powers vested in me under

sub-section (2) of Section 144 of the Code of Criminal

Procedure, 1973 the order is passed ex-parte.

Further, the licensed premises having license

for Bar and Restaurant are allowed to keep the

Restaurant open for serving food only and the Bar

counter shall be closed and no liquor shall be

allowed to be served on the above mentioned days

and time. The owners of the licensed premises

having Bar and Restaurant shall display a board in

the premises stating that No Liquor will be served

on the said days and time and that only the

Restaurant is open for serving food.

Failure to comply with this order shall result in

the cancellation of licences and the owner or

offender shall be liable for penal action under

section 188 of Indian Penal Code, section 30 of the

Excise Duty Act, 1964 and other relevant provisions

of laws in force.

Given under my hand and seal of this office on

this 16th day of August, 2017.

Panaji.— The District Magistrate, Nila Mohanan,

IAS.

______________________________

Published and Printed by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

Price–Rs. 3.00

PRINTED AT GOVERNMENT PRINTING PRESS, PANAJI-GOA—194/380—8/2017.