GOVERNMENT OF GOA

Department of Home

Home—General Division

Office of the District Magistrate, North Goa

___

Order

No. 40/09/2019-MAG/BYE ELECTION/L&O/608

Under Section 144 of Criminal Procedure

Code, 1973

Whereas, the Bye Election to 11-Panaji Assembly

Constituency is scheduled to be held on 19-05-2019

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

Panaji, 15th May, 2019 (Vaisakha 25, 1941)

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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 the 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 i.e. on 19-05-2019;

1.

That all restaurants, bars, eateries, tea shops,

pan shops and other food joints, gaddas etc.

situated in the jurisdiction of 11-Panaji

Assembly Constituency within 100 mtrs. of

the polling station shall remain closed at

aforesaid date and time.

2.

Ban any gathering or crowd comprising of

more than 5 persons within 100 meters of

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any polling stations in the jurisdiction of

11-Panaji Assembly Constituency.

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.

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 14th day of May, 2019.

R. Menaka, IAS,

District Magistrate & DEO,

North Goa District.

______________________________

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Mahatma Gandhi Road, Panaji-Goa 403 001.

Price–Rs. 2.00

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