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.