State Election Commission, Mizoram, Government of Mizoram, India

No.B.14015/2/2024-SEC/AMC/17

STATE ELECTION COMMISSION

MIZORAM

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ORDER

Dated Aizawl, the 31^st May, 2024

WHEREAS, the superintendence, direction and control of By-Election to Ward No. VI within Aizawl Municipal Corporation is vested in the State Election Commission in exercise of the powers conferred under Section 27 of the Mizoram Municipalities Act, 2007 as amended and Rule 10 of the Mizoram Municipalities (Election of Councillors) Rules, 2007 as amended; 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, in exercise of the said Act and Rules, hereby issues directions as follows:-

1) Every candidate at the time of filing her nomination paper seeking By-Election to Ward No. VI under Aizawl Municipal Corporation shall furnish full and complete information regarding 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 is 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 is available with the Returning Officer at the time of scrutiny of his/her nomination.

2) The information furnished by each candidate in the declaration (in the form of Affidavit - Annexure - I & II) shall be disseminated by the 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) 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.

4) 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.

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.

Sd/- LAIMA CHOZAH

State Election Commissioner,

Mizoram.

Memo No.B.14015/2/2024-SEC/AMC/17 : Dated Aizawl, the 1^st August, 2024

Copy to :-

Secretary to the Governor of Mizoram.
P.S. to Chief Minister, Mizoram.
P.S. to Speaker, all Ministers, Leader of Opposition, Deputy Speaker & Ministers of State.
Sr. PPS to Chief Secretary, Government of Mizoram.
Chief Electoral Officer, Mizoram.
Commissioner & Secretary, General Administration Department.
Commissioner & Secretary, Department of Personnel and Administrative Reforms.
Secretary, Urban Development & Poverty Alleviation Department.
Deputy Commissioner & District Municipal Election Officer, Aizawl District, Aizawl.
Commissioner, Aizawl Municipal Corporation, Aizawl.
Director, I&PR Department for wide publicity.
Superintendent of Police, Aizawl.
Guard file.