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
OFFICIAL GAZETTE — GOVT. OF GOA
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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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