GOVERNMENT OF GOA

Department of Home

Home—General Division

Office of the District Magistrate,

North Goa, Magisterial Branch

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Order

U/S 144 of the Code of Criminal Procedure of 1973

No. 40/08/2023-MAG/Bye-Election-VP/200 mtrs./1758

Whereas, the Goa State Election Commission,

Altinho, Panaji-Goa, has announced the Bye-Election

for Ward No. VII of Parcem Village Panchayat, Pernem

Taluka and Ward No. V of St. Estevam Village

Panchayat, Tiswadi Taluka is scheduled to be held

on 02-07-2023 and counting of votes on 03-07-2023 in

the Chamber of the concerned Mamlatdar office and

the Model Code of Conduct is already in force. The

Goa State Election Commission, Altinho, 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 and Counting Hall, 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

Panaji, 30th June, 2023 (Asadha 9, 1945)

SERIES III No. 13

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Reg. No. RNP/GOA/32/2021-2023

407

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

EXTRAORDINARY

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

circumstances 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, in exercise of the powers vested

in me under sub-section (1) of section 144 of Code

of Criminal Procedure, 1973 I, Mamu Hage, IAS,

District Magistrate, North Goa District, hereby

issue following prohibitory orders valid from 06.00

a.m. to 06.00 p.m. on the day of poll on 02-07-2023

and 06:00 a.m. to till counting process is over on

03-07-2023, in connection to the Bye-Election to

Ward No. VII of Parcem Village Panchayat and Ward

No. V of St. Estevam Village Panchayat;

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

eateries and other food shops/joints (Dhabas,

Gaddas) etc., situated within 200 mtrs. of the

Polling Station and Counting Hall shall remain

closed at aforesaid date and time.

2. Ban any gathering or crowd comprising of more

than 5 persons within 200 meters of Polling

Station and Counting Hall.

I further direct that the above restrictions shall

not apply to public servants on duty and to

bonafide marriage or funeral processions or

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 13

(EXTRAORDINARY)

30TH JUNE, 2023

408

religious processions/functions. Also, the above

order shall not apply to the authorized officers on

Election Duty by the State Election Commission 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 laws in force.

Given under my hand and seal of this office on

this 27th day of June, 2023.

Panaji.— The District Magistrate & DEO (North),

Mamu Hage, IAS.

______________________________

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