STATE ELECTION COMMISSION
Dated Aizawl, the 9th October, 2019
Subject: Restriction on use of vehicles during the period of Electioneering.
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 conferred under Article 243ZA of the Constitution of India read with sub-rule (1) of Rule 3 of the Mizoram (Election to Sinlung Hills Council) Rules, 2019, hereby issues the following restrictions on the use of vehicles during the period of Electioneering for the First General Election to Sinlung Hills Council, 2019:-
(i) Cars/vehicles being used for electioneering purposes shall, under no circumstances, be allowed to move in convoys of more than three vehicles from the date of notification till the completion of election process in any Constituency. All bigger convoys shall be broken up, even if they are carrying any minister of Central or State Govt. This shall, however, be subject to any security instructions issued in respect of any such individual. In other words, the convoy shall not in any case exceed three vehicles of any person plus the security vehicles allowed in view of the security gradation of that particular person. Such broken up convoys must have a distance of at least 200 meters between them.
(ii) If any person moves in a convoy of vehicles exceeding the limits prescribed above, in spite of the convoy having been broken, it shall be the duty of the District Administration to ensure that such vehicles are not allowed to be used by flouting the Commission’s directions till the process of election is completed.
(iii) However, there is no restriction imposed on the number of vehicles moving in a convoy in the case of political leaders availing exemption under explanation (1) of Section 77 of the R. P. Act, 1951. In case the mode of road transport is to be availed of by leaders of political parties availing the benefit of clause (a) of explanation given under Sec. 77 (1) of R. P. Act, 1951, the permit in Red colour will be issued centrally by the District Election Officer. The permit will be issued against the name of the person concerned who will display it prominently on the windscreen of the vehicle being used by him/her in any area.
(iv) From the date of notification of the election till the completion of election process in any Constituency, the District Administration shall keep a close watch on the vehicles used by the contesting candidates, persons accompanying the contesting candidates and other party leaders and ensure that the Commission’s instructions are not abused.
(v) The contesting candidates be asked to get the details of all the vehicles that they are using in the election campaign lodged with the District Election Officer or such other officer(s) as may be specifically authorized by the District Election Officer in this behalf before the campaigning commences. Any further deployment of any additional vehicles can take place only after notice to this effect is given by the candidate or his agent well before the actual deployment of the vehicles. While conveying the details of the vehicles that are being deployed for election campaign, the details of the Areas/Constituency the vehicle would operate, should also be conveyed.
(vi) The vehicles employed for election campaign as per intimation given by the candidates or their election agents to the District Administration should not be requisitioned /hired by the Administration. Any vehicle that has not been registered for campaigning with the District Administration if found being used for campaigning, shall be deemed to be unauthorized campaigning for the candidate and may attract penal provisions of Chapter IX A of the Indian Penal Code and shall, therefore, be immediately taken out of the campaigning exercise.
Sd/- L. TOCHHONG
State Election Commissioner,
Memo. No.B.12015/1/2019-SEC/SHC/5 : Dated Aizawl, the 9th October, 2019
1) The Deputy Commissioner & District Election Officer, Aizawl/Kolasib District for favour of information and necessary action.
2) All Election Observers for General Election to Sinlung Hills Council, 2019.
3) All Returning Officers & Asst. Returning Officers for favour of information and necessary action.
4) The Superintendent of Police, Aizawl/Kolasib District for information with a request to appoint one Police Officer to assist the Returning Officer as Nodal Officer to ensure strict adherence to the above order.
5) Chairman/General Secretary i/c Election, all Political Parties within for favour of information and compliance.
Sd/- TERESY VANLALHRUAII
State Election Commission,