No.B.12015/1/2019-SEC/SHC/5
STATE ELECTION COMMISSION
MIZORAM
***
ORDER
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,
Mizoram.
Memo. No.B.12015/1/2019-SEC/SHC/5 : Dated Aizawl, the 9th October,
2019
Copy to:
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
Secretary,
State Election Commission,
Mizoram.
