Panaji, 16th May, 2019 (Vaisakha 26, 1941)
SERIES III No. 7
RNI No. GOAENG/2002/6410
Reg. No. G-2/RNP/GOA/32/2018-20
EXTRAORDINARY
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219
PUBLISHED BY AUTHORITY
GOVERNMENT OF GOA
Department of Home
Home—General Division
Office of the District Magistrate, North Goa
___
Order
No. 40/09/2019-MAG/BYE-ELN/622
Read: 40/09/2019-MAG/BYE-ELN/455 dated
22-4-2019.
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 North Goa District and the Election 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 “Liquor” etc.
being used to lure the voters by the candidates
and political parties during the elections. The
District Magistrate and District Election Officer, has
already given directions to the Flying Squads,
officials of Excise Department, Police or any other
authorised officers/Officials to keep a strict vigil
and also to track the movements of large
consignment of IMFL, Beer etc. within the
jurisdiction of Tiswadi Taluka in North Goa District
to deter any chances of distribution of liquor etc.
by Contesting Candidates to lure the voters;
And whereas, in order to ensure free, fair,
peaceful and orderly conduct of Election process
and to prevent obstructions, annoyance or injury or
disturbance of public tranquillity or riot or any
affray during the electioneering period, it is felt
that the timings of sale of liquor needs to be
properly regulated and curtailed;
And whereas, in view of the operation of the
model code of conduct in the district and in
furtherance of the guidelines of the Election
Commission of India, to prevent any chances of
undue influence of voters through distribution of
liquor and also to preserve peace and tranquillity
within the jurisdiction of the 11-Panaji Assembly
Constituency. It is felt appropriate that the timings
of closure of all the Liquor Shops/Bars, Pubs situated
within Tiswadi Taluka needs to be curtailed and
regulated.
And whereas, Section 29(A) and other provisions
of the Goa Excise Duty Act, 1964 and Rules
empowers the District Magistrate to order the
closure of Liquor shops/Bars and Restaurants at
such times and for such period as may be necessary
for preservation of public peace and tranquillity in
the Constituency during the period of conduct of
elections.
And whereas, Section 135C of Representation of
the People Act, 1952 provides that “No spiritous,
fermented or intoxicating liquors or other
substances of a like nature shall be sold, given or
distributed at a hotel, eating house, tavern, shop or
any other place, public or private, within a polling
area during the period of forty eight hours ending
with the hour fixed for the conclusion of the poll for
any election in that polling area”.
And whereas, I am satisfied that the
circumstances do not permit the serving of the
notice individually in time to all concerned.