Panaji, 17th April, 2019 (Chaitra 27, 1941)

SERIES III No. 2

RNI No. GOAENG/2002/6410

Reg. No. G-2/RNP/GOA/32/2018-20

EXTRAORDINARY

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PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Home

Home—General Division

Office of the District Magistrate, North Goa

___

Order

No. 40/01/2019-MAG/LS/L&O/360

Under Section 144 of Criminal Procedure

Code, 1973

Whereas, the General Election to Lok Sabha-2019

for 01–North Goa Parliamentary Constituency is

scheduled to be held on 23-04-2019 for the

Assembly Constituencies in the State of Goa

and the Model Code of Conduct is already in

force with effect from 10-03-2019. The Election

Commission of India, New Delhi has issued

directions to ensure free, fair and peaceful Elections;

And whereas, there is possibility of political

disputes, confrontation, violence and breach of

peace 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., while

carrying out door to door campaigning and due to

gathering of crowd at 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.

And whereas, I am satisfied that the circum-

stances do not permit the serving, in due time, of

the notices individually upon the persons against

whom this order is directed and therefore, under

the powers vested in me under sub-section (2) of

Section 144 of the Code of Criminal Procedure, 1973,

I hereby pass the order ex-parte.

Now therefore, I, R. Menaka, 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

issue following Prohibitory orders valid from 06.00

a.m. to 07.00 p.m. on the day of poll on 23-04-2019;

That all restaurants, bars, eateries, tea shops,

pan shops and other food joints, gaddas etc.

situated in urban areas of Municipal

jurisdiction within 100 mtrs. of the polling

station shall remain closed at aforesaid date

and time.

That all restaurants, bars, tea shops, pan shops,

eateries and other food shops/joints (dhabas,

gaddas) etc., situated in rural areas of Village

Panchayat jurisdiction within 200 mtrs. of the

polling station shall remain closed at aforesaid

date and time.

Ban any gathering or crowd comprising of more

than 5 persons within 200 meters of any polling

stations in the entire North Goa District.

I further direct that the above restrictions shall

not apply to public servants on duty and to

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 2

(EXTRAORDINARY)

17TH APRIL, 2019

bonafide marriage or funeral processions or religious

processions/functions.

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 17th day of April, 2019.

R. Menaka, IAS,

District Magistrate & DEO,

North Goa District.

———u———

Office of the District Magistrate & District Election

Officer, South Goa

___

Order

No. 37/13/LS-2019/ELN/MAG/4886

Under Section 144 of Criminal Procedure

Code, 1973

Whereas, the General Election to Lok Sabha 2019

for 02–South Goa Parliamentary Constituency and

Bye-Election to 22–Shiroda Assembly Constituency

is scheduled to be held on 23-04-2019;

And whereas, it is essential to conduct the

General Election and Bye-Election in free and fair

manner and to maintain public peace, order and

tranquility as per provisions of Law and Model

Code of Conduct as applicable with effect from

10-03-2019;

And whereas, there is possibility of political

disputes, confrontation, violence and breach of

peace on the eve of the Poll day mainly due to

misuse of hotels, restaurants, tea shops, pan shops

and other food shops/joints (dhabas, gaddas) etc.,

while carrying out door to door campaigning or

intimidations of voters or influencing voters and

due to gathering of any 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 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.

And whereas, I am satisfied that the circum-

stances do not permit the serving, in due time, of

the notices individually upon the persons against

whom this order is directed and therefore, under

the powers vested in me under sub-section (2) of

Section 144 of the Code of Criminal Procedure, 1973,

I hereby pass the order ex-parte.

Now therefore, I, Ajit Roy, IAS, District Magistrate

and District Election Officer, South Goa District,

Margao, in exercise of the powers vested in me

under sub-section (1) of Section 144 of the Code of

Criminal Procedure, 1973, do hereby issue

following Prohibitory orders valid from 06.00 a.m. to

07.00 p.m. on the day of poll on 23-04-2019;

That all restaurants, bars, eateries, tea shops,

pan shops and other food joints, gaddas etc.

situated in urban areas of Municipal

jurisdiction within 100 mtrs. of the polling

station shall remain closed at aforesaid date

and time.

That all restaurants, bars, tea shops, pan shops,

eateries and other food shops/joints (dhabas,

gaddas) etc., situated in rural areas of Village

Panchayat jurisdiction within 200 mtrs. of the

polling station shall remain closed at aforesaid

date and time.

Ban any gathering or crowd comprising of more

than 5 persons within 200 meters of any polling

stations in the entire South Goa District.

I further direct that the above restrictions shall

not apply to public servants on duty and to

bonafide marriage or funeral processions or religious

processions/functions. Also, the above order shall

not apply to Officers authorized on Election duty

by the District Election Officer, South Goa District

or the State Government including the Polling

Officials, Magistrates, Police Officials and

Government Staff.

Failure to comply with this order shall be liable

for penal action under Section 188 of Indian Penal

Code and other relevant provisions of law in force.

Given under my hand and seal of this office, on

this 17th day of April, 2019.

Ajit Roy, IAS,

District Magistrate &

District Election Officer,

South Goa District.

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