State Election Commission, Mizoram, Government of Mizoram, India

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No. B. 12021/1/2016-SEC/CADC

STATE ELECTION COMMISSION

MIZORAM

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ORDER

Dated Aizawl, the 1^st April, 2016

WHEREAS the superintendence, direction and control of By-election to Chakma Autonomous District Councils are vested in the State Election Commission under sub-rule (5) of Rule 7 of the Chakma Autonomous District Council (Constitution, Conduct of Business, etc.) Rules, 2002 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 power conferred on it by sub-rule (5) of Rule 7 of the Chakma Autonomous District Council (Constitution, Conduct of Business, etc.) Rules, 2002 as amended hereby issues directions as follows :-

Every candidate at the time of filing his/her nomination paper seeking By-election to Chakma Autonomous District Council, 2016 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.

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,

Sd/- H. DARZIKA

Secretary,

State Election Commission,

Mizoram.

Memo No. B. 12021/1/2016-SEC/CADC : Dated Aizawl, the 1^st April, 2016

Copy to :-

1. Secretary to the Governor of Mizoram for kind information of HE the Governor.

2. Principal Secretary to Chief Minister, Mizoram for kind information of Hon’ble Chief Minister.

3. Sr. PPS to Chief Secretary, Govt. of Mizoram.

4. Secretary, District Council Affairs Department.

5. Deputy Commissioner, Lawngtlai for information and necessary action.