GOVERNMENT OF GOA
Department of Home
Home—General Division
Office of the District Magistrate,
North Goa, Magisterial Branch
–––
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
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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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