State Election Commission, Mizoram, Government of Mizoram, India

No.B.12023/8/2019-SEC/LADC/CADC/8

STATE ELECTION COMMISSION

MIZORAM

***

ORDER

Dated Aizawl, the 27^th May, 2019

WHEREAS the superintendence, direction and control of elections to Lai Autonomous District Council and Chakma Autonomous District Council are vested in the State Election Commission under sub-rule (3) of Rule 142 of the Lai Autonomous District Council (Constitution, Conduct of Business, etc.) Rules 2014, as amended and sub-rule (5) of Rule 7 of the Chakma Autonomous District Council (Constitution, Conduct of Business, etc.) Rules, 2002 as amended in 2012; and

WHEREAS the word ‘elections’ include the entire process of election which consists of several stages or steps, some of which have important bearing on the process of choosing a candidate by the electorate ; and

WHEREAS fair election contemplates disclosure by the candidate of materials relating to his/her personal backgrounds including his/her education, profession, antecedent and income along with assets held by him/her and his/her other liabilities to Government, Banks, Financial Institutions, Local Bodies etc. which are relevant information to the elector for making a choice;

NOW, THEREFORE, the State Election Commission, Mizoram in exercise of the power conferred on it by sub-rule (3) of Rule 142 of the Lai Autonomous District Council (Constitution, Conduct of Business, etc.) Rules 2014, as amended and sub-rule (5) of Rule 7 of the Chakma Autonomous District Council (Constitution, Conduct of Business, etc.) Rules, 2002 as amended in 2012, hereby, issue directions as follows :-

1) Every candidate at the time of filing his/her nomination paper seeking election to 5 - Lungtian MDC Constituency under Lai Autonomous District Council and 9 - Ugudasury ‘S’ MDC Constituency under Chakma Autonomous District Council shall furnish full and complete information regarding his/her personal backgrounds in the form of declaration - ‘Annexure-I : Affidavit to be furnished by a candidate along with Nomination Paper’; and ‘Annexure-II in the form of Affidavit to be furnished by the candidate about Antecedent’. However, if that affidavit was not filed by any candidate along with his nomination paper, it may be filed subsequently but latest by 3:00 PM on the last date for making nomination so that the same was available with the Returning Officer at the time of scrutiny of his nomination.

2) The information furnished by each candidate in the declaration (in the form of Affidavit - Annexure - I & II) shall be disseminated by Returning Officer by displaying a copy of the declaration on the Notice Board of his office and also by making copies thereof freely available to all other candidates, and representatives of the media, as necessary.

3) If the rival candidate/candidates furnished information to the contrary, by means of a duly sworn affidavit, then such affidavit shall also be disseminated along with declaration of the candidate in the manner stated above.

4) These affidavits should be on non-judicial stamp paper of Rs.10/-, and should be sworn before Magistrate of the First Class or a notary public or an Executive Magistrate.

5) Non- furnishing of these affidavits by any candidate may result in the rejection of his nomination by the Returning Officer at the time of scrutiny of nomination. However, the furnishing of any wrong information or suppression of any material information there-from will not be a ground for rejection of nomination paper, though it may attract penal action under Section 177 of the Indian Penal Code, 1860.

6) Each intending candidate filing nomination must submit the following documents along with his/her nomination papers:

i) Birth Certificate

ii) Tribal Certificate

iii) Abstract of enrolment in the Electoral Roll concerned

iv) Notice as to Names of Candidates set up be Recognised Political Parties (for candidate of Recognised Political Parties).

As regards to status of Permanent Residency of LADC/CADC by Birth or Decent, Returning Officer should, at the time of Scrutiny of Nomination papers, refer to clarification/instruction issued by the District Council & Minority Affairs Department.

The Returning Officer shall ensure that copies of the declaration format and affidavit format prescribed herein by the Commission, are delivered to the candidates along with nomination papers.

By order, etc

Enclo: As above

Sd/- TERESY VANLALHRUAII

Secretary,

State Election Commission,

Mizoram.

Memo No.B.12023/8/2019-SEC/LADC/CADC/8 : Dated Aizawl, the 27^th May, 2019

Copy to :-

1) Sr. P.P.S to Chief Secretary, Government of Mizoram, for information.

2) P.P.S to Chief Electoral Officer, Mizoram, for information.

3) Secretary, District Council & Minority Affairs Department, for information.

4) Deputy Commissioner & District Election Officer, Lawngtlai District, Lawngtlai. for information and necessary action.