Panaji, 3rd May, 2024 (Vaisakha 13, 1946)
SERIES III No. 5
PUBLISHED BY AUTHORITY
GOVERNMENT OF GOA
Department of Home
Home—General Division
Office of the District Magistrate,
North Goa, Magisterial Branch
–––
Order
No. 1/MAG/Lok Sabha Election 2024/100/200 mts./82
Under Section 144 of the Code of Criminal Procedure
of 1973
Whereas, the Election Commission of India has
announced the General Election to the Lok Sabha
2024, for 01 - North Goa Parliamentary Constituency
which is scheduled to be held on 07-05-2024 and the
Election Model Code of Conduct has already come
into force with effect from 16-03-2024. The Election
Commission of India, New Delhi has inter alia issued
various 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
bribery and undue influence on any person or voter
RNI No. GOAENG/2002/6410
Reg. No. RNP/GOA/32/2024-2026
93
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EXTRAORDINARY
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
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, I, Dr. Sneha S. Gitte, IAS, District
Magistrate, North Goa District, in exercise of the
powers vested in me under sub-section (1) of Section
144 of 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 on 07-05-2024;
1. That all Restaurants, Bars, Eateries, Tea shops,
Pan shops and other food joints, Gaddas etc.
situated in Urban areas of Municipal jurisdiction
within 100 mtrs. of the polling station shall remain
closed at aforesaid date and time.
2. That all Restaurants, Bars, Tea shops, Pan shops,
Eateries and other Food shops/joints (Dhabas,
Gaddas) etc., situated in Rural areas of Village
Panchayat jurisdiction within 200 mtrs. of the
polling station shall remain closed at aforesaid
date and time.
3. Ban any gathering or crowd comprising of more
than 5 persons within 200 meters of any polling
stations in the entire North Goa District.
I further direct that the above restrictions shall
not apply to public servants on duty and to bonafide
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES III No. 5
(EXTRAORDINARY)
3RD MAY, 2024
94
marriage or funeral processions or religious
processions/functions. Also, the above order shall not
apply to the authorized officers on Election Duty by
the 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 30th day of April, 2024.
Panaji.— The District Magistrate & DEO (North),
Dr. Sneha S. Gitte, IAS.
_________
Order
No. 1/MAG/Lok Sabha Election 2024/Campg./89
Under Section 144 of the Code of Criminal Procedure
of 1973
Whereas, the Election Commission of India has
announced the General Election to the Lok Sabha
2024, for 01 - North Goa Parliamentary Constituency
which is scheduled to be held on 07-05-2024 and the
Election Model Code of Conduct has already come
into force with effect from 16-03-2024. The Election
Commission of India, New Delhi has inter alia issued
various directions to ensure free, fair and peaceful
Elections;
And whereas it has come to the notice of the
undersigned that political disputes, confrontation
and violence start on the eve of the poll day mostly
while carrying out campaigning and intimidation of
voters or influencing voters due to gathering of
crowd creates nuisance and law and order problems.
And whereas Section 126 of the Representation of
the People Act, 1951, provides that no candidate shall
try to influence voters in any way and thus no public
meetings, procession, musical concert or rally or any
kind of efforts for campaigning or electioneering is
to be allowed in the last 48 hours from the hours of
close of poll i.e., 18:00 hrs. on 05-05-2024.
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
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, I, Dr. Sneha S. Gitte, IAS, District
Magistrate, North Goa District, in exercise of the
power vested in me under sub-section (1) of Section
144 of Code of Criminal Procedure, 1973 do hereby
order that:
(1) From 18:00 hours of 05-05-2024 to 18:00 hours of
08-05-2024 in all Assembly Constituencies under
the jurisdiction of North Goa District Election
office,
(a) Any Assembly of five or more persons
(including contesting candidates & workers)
will be deemed as an unlawful assembly under
Section 144 of the Code of Criminal Procedure,
1973 and shall be prohibited from holding any
procession or rally under the garb of house to
house visits or corner meetings to prevent
creation of any nuisance or law and order
problem.
b) No vehicles permitted for use of contesting
candidates by the Returning Officer for
campaigning shall ply on roads to prevent the
distribution of money, gifts or liquor and to
prevent any nuisance and law and order
problem. This does not include the vehicles
especially authorized by the Returning Officer,
DEO & CEO for use on the day of poll.
(c) All private vehicles shall be checked in a
dignified manner to avoid their misuse for
distribution of money, gifts or liquor or for
causing any nuisance or any harassment to
private persons.
(d) No loudspeaker shall be permitted to be used
between 18:00 hrs. on 05-05-2024 to 18:00 hrs.
on 07-05-2024.
However, the above order shall not apply to officers
on Election Duty authorised by the Election
Commission or the State Government, including
polling officials, Magistrates, Police officials and
Government staff.
I further direct that the above restriction shall not
apply to public servants on duty, to bonafide marriage
or funeral processions, religious functions, any
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES III No. 5
(EXTRAORDINARY)
3RD MAY, 2024
95
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special occasion or any occasion which in the
opinion of the District Magistrate/Additional District
Magistrate/Sub-Divisional Magistrates, is genuine
and for which prior permission in writing has been
obtained from the District Magistrate/Additional
District Magistrate or the Sub-Divisional Magistrate
concerned.
Given under my hand and seal of this office on
this 3rd day of May, 2024.
This order shall supersede earlier order No.
1/MAG/Lok Sabha Election 2024/Campg/81 dated
30-04-2024.
Panaji.— The District Magistrate & DEO (North),
Dr. Sneha S. Gitte, IAS.