State Election Commission, Mizoram, Government of Mizoram, India

No.B.14015/1/2020-SEC/AMC/19

STATE ELECTION COMMISSION

MIZORAM

***

ORDER

Dated Aizawl, the 22^nd January, 2021

Subject: Restriction on use of vehicles on Poll Day in the General Election to Aizawl Municipal Corporation, 2021.

Whereas, the State Election Commission, Mizoram has issued schedule for General Election to Aizawl Municipal Corporation on 22.01.2021, according to which the poll shall take place on 16^th February, 2021.

Therefore, in the interest of preserving the fairness of election process and rendering the same reflection of true choice of the people, the State Election Commission, in exercise of the powers vested in it 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 other powers enabling it in this behalf, hereby issues the following restrictions on the use of vehicles on Poll Day for the General Election to Aizawl Municipal Corporation, 2021:

No hiring or procuring or use of vehicles by a candidate or his agent or by any other person for the free conveyance of the voters to and fro from the polling station shall be allowed.

(ii) On the date of poll in their respective Constituency, each contesting candidate is entitled to:

(a) One vehicle for his own use;

(b) Two vehicles for the use of his election agent and Party workers.

(iii) The permit in Blue colour as per proforma prescribed by the Commission appended herewith for the vehicles indicated above will be issued by the District Municipal Election Officer. The candidates are required to register their vehicles with the authorities concerned and prominently display the permits issued by the authorities on the windscreen of the vehicles. No other vehicles shall be allowed to be used by the leaders of the political parties including Ministers, workers, agents and sympathizers of any candidate. No exception shall be made, irrespective of the status of the candidate. The permits should be issued to the contesting candidates at least 2 days before the day of poll.

(iv) The candidate or his agent or party workers will be allowed to use only four/three/two wheeler vehicles i.e. cars (of all types) taxies, auto rickshaws and two wheelers.

In these four wheel vehicles not more than 5 persons including driver will be allowed to move on the day of poll. On the day of poll, no other person will be allowed to use the Vehicle allotted for candidate’s or his election agent’s use.

(v) These restrictions on plying vehicles will be applicable on all two wheelers like motorcycles and scooters also and shall be made applicable for a period of 24 hours before the time fixed for closure of poll and till the completion of poll. These restrictions would not, however, apply to any Government servant on duty or in case where such vehicle is being used to transport a patient or old/infirm persons.

(vi) Penal action, under the provisions of Chapter IX A of the Indian Penal Code, shall be taken against any violation of the above directions, in addition to action under the Motor Vehicles Act. All vehicles being used in violation of these directions shall be confiscated.

(vii) There is, however, no intention on the part of the Commission to put a complete ban on all vehicular traffic on poll day and thereby create difficulties or cause harassment to the public. For genuine bonafide use for purposes other than election, the following types of vehicles shall also be allowed to be plied on the day of poll and there will be no exception:

(a) Private vehicles being used by the owners for their private use, not connected with elections;

(b) Private vehicles being used by owners either for themselves or for members of their own family for going to the polling booth to exercise their franchise, but not going anywhere within a radius of 200 meters of a polling station;

(c) Vehicles used for essential services namely hospital vans, ambulance, milk vans, water tankers, PWD duty , P & E duty, police on duty, officers on election duty;

(d) Public transport carriages like buses plying between fixed termini and on fixed routes;

(e) Taxis, three/Two wheeler scooters, rickshaws etc., for going to bus stands, hospitals, etc for journeys which cannot be avoided;

(f) Private vehicles used by sick or disabled persons for their own transport.

The State Election Commission further orders that the District Administration shall keep a close watch on the vehicles used by persons accompanying the contesting candidates and their supporters for any possible mischief, including criminal activities like carrying of illegal arms and weapons. If any of these vehicles, either of a contesting candidate or a private owner, is found to be involved in any such act or for carrying anti-social elements with a view to intimidating or creating terror in the minds of the voters,

it should be the duty of the District Administration to impound such vehicles and not to release them till the process of election is completed. In addition, action against the owner, the occupant/occupants and the candidate who is involved in such illegal activities shall also be taken as per law.

Sd/- LAIMA CHOZAH

State Election Commissioner,

Mizoram.

Memo. No.B.14015/1/2020-SEC/AMC/19 : Dated Aizawl, the 22^nd January, 2021

Copy to:-

1) Deputy Commissioner & District Municipal Election Officer, Aizawl District, Aizawl for information and necessary action.

2) All Municipal Returning Officers & Asst. Municipal Returning Officers for information and necessary action.

3) Election Observers for information and necessary action.

4) Director, I&PR Department for favour of wide publicity.

5) Superintendent of Police, Aizawl District, Aizawl for information and necessary action.

6) Chairman/General Secretary, i/c Election, all Political Parties within Aizawl Municipality for information and necessary action.

Secretary,