Election
Symbols (Reservation and Allotment) Order, 1968
[31st
August, 1968]
An
order to provide for specification, reservation, choice and allotment of
symbols at elections in Parliamentary and Assembly Constituencies, for the
recognition of political parties in relation thereto and for matters connected
therewith
Whereas, the
superintendence, direction and control of all elections to Parliament and to
the Legislature of every State are vested by the Constitution of India in the
Election Commission of India;
And whereas, it is
necessary and expedient to provide, in the interest of purity of elections to
the House of the People and the Legislative Assembly of every State and in the
interest of the conduct of such elections in a fair and efficient manner, for
the specification, reservation, choice and allotment of symbols, for the
recognition of political parties in relation thereto and for matters connected
therewith;
Now therefore, in exercise
of the powers conferred by Article 324 of the Constitution [read
with Section 29-A of the Representation of the People Act, 1951 (43 of 1951)]
and Rules 5 and 10 of the Conduct of Elections Rules, 1961 and all other powers
enabling it in this behalf, the Election Commission of India hereby makes the
following Order
Order - 1. Short title, extent, application and commencement.
(1) This Order may be called
the Election Symbols (Reservation and Allotment) Order, 1968.
(2) It extends to the whole of
India and applies in relation to elections in all Parliamentary and Assembly Constituencies
other than Assembly Constituencies in the State of Jammu & Kashmir.
(3) It shall come into force on
the date of its publication in the Gazette of India which date is hereinafter
referred to as the commencement of this Order.
Order - 2. Definitions and interpretation.
(1) In this Order, unless the
context otherwise requires:
(a) “clause” means a clause of
the paragraph or sub-paragraph in which the word occurs;
(b) “Commission” means the
Election Commission of India constituted under Article 324 of the Constitution;
(c) “Constituency” means a
parliamentary constituency or an assembly constituency;
(d) “contested election” means
an election in a parliamentary or an assembly constituency where a poll is
taken;
(e) “election” means an
election to which this Order applies;
[(ee) “form” means a form appended to this Order;]
(f) “general election” means
any general election held after the commencement of this Order for the purposes
of constituting the House of the People or the Legislative Assembly of a State
and includes a general election whereby the House of the People or the
Legislative Assembly of a State in existence and functioning at such
commencement, has been constituted;
(g) “paragraph” means a
paragraph of this Order;
[(h) “political party” means an association or body of individual
citizens of India registered with the Commission as a political party under
Section 29-A of the Representation of the People Act, 1951;]
[(i) “State” includes the National Capital Territory of Delhi and
the Union Territory of Pondicherry;]
(j) “Sub-paragraph” means a
sub-paragraph of the paragraph in which the word occurs;
[(jj) “Union Territory” means Union Territory other than the
National Capital Territory of Delhi and the Union Territory of Pondicherry;
and]
(k) Words and expressions used but not
defined in this Order but defined in the Representation of the People Act,
1950, or the rules made thereunder or in the Representation of the People Act,
1951, or the rules made thereunder shall have the meanings respectively assigned
to them in those Acts and rules.
(2) The General Clauses Act,
1897 shall, as far as may be, apply in relation to the interpretation of this
Order as it applies in relation to the interpretation of a Central Act.
Order - 3.
[* * *]
Order - 4. Allotment of symbols.
In every contested election
a symbol shall be allotted to a contesting candidate in accordance with the
provisions of this Order and different symbols shall be allotted to different
contesting candidates at an election in the same constituency.
Order - 5. Classification of symbols.
(1) For the purpose of this
Order symbols are either reserved or free.
(2) Save as otherwise provided
in this Order, a reserved symbol is a symbol which is reserved for a recognised
political party for exclusive allotment to contesting candidates set up by that
party.
(3) A free symbol is a symbol
other than a reserved symbol.
Order - [6. Classification of political parties.
(1) For the purposes of this
Order and for such other purposes as the Commission may specify as and when
necessity therefore arises, political parties are either recognised political
parties or unrecognised political parties.
(2) A recognised political
party shall either be a National party or a State party.]
Order - [6-A. Conditions for recognition as a State party.
A political party shall be
eligible for recognition as a State party in a State, if, and only if, any of
the following conditions is fulfilled:
(i) At the last general
election to the Legislative Assembly of the State, the candidates set up by the
party have secured not less than six per cent of the total valid votes polled
in the State; and, in addition, the party has returned at least two members to
the Legislative Assembly of that State at such general election; or
(ii) At the last general
election to the House of the People from that State, the candidates set up by
the party have secured not less than six per cent of the total valid votes
polled in the State; and, in addition, the party has returned at least one
member to the House of the People from that State at such general election; or
(iii) At the last general
election to the Legislative Assembly of the State, the party has won at least
three per cent of the total number of seats in the Legislative Assembly, (any
fraction exceeding half being counted as one), or at least three seats in the
Assembly, whichever is more; or
(iv) At the last general
election to the House of the People from the State, the party has returned at
least one member to the House of the People for every 25 members or any
fraction thereof allotted to that State;] or
(v) [At the last general
election to the House of the People from the State, or at the last general
election to the Legislative Assembly of the State, the candidates set up by the
party have secured not less than eight per cent of the total valid votes polled
in the State.]
Order - 6-B. Conditions for recognition as a National party.
A political party shall be
eligible to be recognised as National party, if, and only if, any of the
following conditions is fulfilled:
(i) The candidates set up by
the party, in any four or more States, at the last general election to the
House of the People, or to the Legislative Assembly of the State concerned,
have secured not less than six per cent of the total valid votes polled in each
of those States at that general election; and, in addition, it has returned at
least four members to the House of the People at the aforesaid last general
election from any State or States; or
(ii) At the last general
election to the House of the People, the party has won at least two per cent of
the total number of seats in the House of the People, any fraction exceeding
half being counted as one; and the party's candidates have been elected to that
House from not less than three States; or
(iii) The party is recognised as
State party in at least four States.]
Order - [6-C. Conditions for continued recognition as a National or State party.
(1) Notwithstanding anything in
Paragraph 6-A and Paragraph 6-B, if a political party recognised as a State
party or National party fails to fulfil the conditions of Paragraph 6-A or, as
the case may be, Paragraph 6-B, at the next general election to the House of
the People or, as the case may be, to the Legislative Assembly of the State,
following the general election to the House/Assembly concerned on the basis of
which it got recognition (hereinafter referred to as “the next election”), it
shall continue to be treated as recognised State party or National party, as
the case may be.
(2) If a recognised political
party continues to be treated as recognised National party or State party after
the next election to the House of the People or, as the case may be, to the
Legislative Assembly of the State under the provisions of sub-paragraph (1),
the question whether it shall further continue to be so recognised after any
subsequent general election to the House of the People or, as the case may be,
to the Legislative Assembly of the State concerned, shall be subject to the
fulfilment by the party of the conditions specified in Paragraph 6-A or 6-B, as
the case may be.]
Order - [7. Savings and Interpretation.
[(1) Notwithstanding
anything contained in Paragraph 6-A, 6-B or 6-C, if any political party got
recognised, whether before or after the commencement of the Election Symbols
(Reservation and Allotment) (Amendment) Order, 2005, either as a National party
or as a State party, on satisfying the conditions for such recognition as they
existed prior to such commencement, the said party shall continue to have and
enjoy the status of such National or State party for the purposes of the next
general election to the House of the People or, as the case may be, to the
Legislative Assembly of the State concerned, depending on the election(s) which
formed the basis for such recognition, and its continued recognition as such
National or State party shall thereafter be dependent upon fulfilment by it of
the conditions now specified in Paragraph 6-A or 6-B, as the case may be:
Provided that nothing
herein shall preclude the Commission from withdrawing the recognition of a party,
either as a National party or as a State party, if it failed to satisfy any of
the conditions for such recognition as they existed prior to, and also after,
the commencement of the Election Symbols (Reservation and Allotment)
(Amendment) Order, 2005.]
(2)
For the removal of doubt, it is hereby
clarified that the conditions in Paragraph 6-A or Paragraph 6-B shall not be
deemed to have been satisfied by a political party,
(i) if it is newly formed,
whether as a result of split in a recognised National or State party or
otherwise, and registered with the Commission under Section 29-A of the
Representation of the People Act, 1951, after the last general election to the
House of the People or, as the case may be, to the Legislative Assembly of the
State concerned; or
(ii) on the joining or taking
the membership of that party, by a member of the House of the People, or the
Legislative Assembly of a State, after his election to that House or, as the
case may be, that Assembly.]
Order - 8. Choice of symbols by candidates of National and State parties and allotment thereof.
(1) A candidate set up by a
National party at any election in any constituency in India shall choose, and
shall be allotted, the symbol reserved for that party and no other symbol.
(2) A candidate set up by a
State party at an election in any constituency in a State in which such party
is a State party, shall choose, and shall be allotted the symbol reserved for
that Party in that State and no other symbol.
(3) A reserved symbol shall not
be chosen by, or allotted to, any candidate in any constituency other than a
candidate set up by a National party for whom such symbol has been reserved or
a candidate set up by a State party for whom such symbol has been reserved in
the State in which it is a State party even if no candidate has been set up by
such National or State party in that constituency.
Order - [9. Restriction on the allotment of symbols reserved for State parties in States where such parties are not recognised.
A symbol reserved for a
State party in any State:
[(a) shall not be included in the list of free symbols for any
other State or Union Territory; and
(b) shall not be reserved for any other party
which subsequently becomes eligible, on fulfilment of the conditions specified
in Paragraph 6-A, for recognition as a State party in any other State:
Provided that nothing
contained in clause (b) shall
apply in relation to a political party, for which the Commission has,
immediately before the commencement of the Election Symbols (Reservation and
Allotment) (Amendment) Order, 1997, already reserved the same symbol which it
has also reserved for some other State party or parties in any other State or
States.)]
Order - [10. Concession to candidates set up by a State party at elections in other States or Union Territories.
If a political party which
is recognised as a State party in some State or States, sets up a candidate at
an election in a constituency in any other State or Union Territory in which it
is not a recognised State party, then such candidate may, to the exclusion of
all other candidates in the constituency, be allotted the symbol reserved for
that party in the State or States in which it is a recognised State party,
notwithstanding that such symbol is not specified in the list of free symbols
for such other State or Union Territory, on the fulfilment of each of the
following conditions, namely:
(a) that an application is made
to the Commission by the said party for exclusive allotment of that symbol to
the candidate set up by it, not later than the third day after the publication
in the Official Gazette of the notification calling the election;
(b) that the said candidate has
made a declaration in his nomination paper that he has been set up by that
party at the election and that the party has also fulfilled the requirements of
clauses (b), (c), (d) and (e) of
Paragraph 13 read with Paragraph 13-A in respect of such candidate; and
(c) that in the opinion of the
Commission there is no reasonable ground for refusing the application for such
allotment.
Provided that nothing
contained in this paragraph shall apply to a candidate set up by a State party
at an election in any constituency in a State in which that party is not a
State party and where the same symbol is already reserved for some other State
party in that State.]
Order - [10-A. Concession to candidates set up by an unrecognised party which was earlier recognised as a National or State party.
If a political party, which
is unrecognised at present but was a recognised National or State party in any
State or Union Territory not earlier than six years from the date of
notification of the election, sets up a candidate at an election in a
constituency in any State or Union territory, whether such party was earlier
recognised in that State or Union Territory or not, then such candidate may, to
the exclusion of all other candidates in the constituency, be allotted the
symbol reserved earlier for that party when it was a recognised National or
State party, notwithstanding that such symbol is not specified in the list of
free symbols for such State or Union territory, on the fulfilment of each of
the following conditions, namely
(a) that an application is made
to the Commission by the said party for the exclusive allotment of that symbol
to the candidate set up by it, not later than the third day after the
publication in the Official Gazette of the notification calling the election;
(b) that the said candidate has
made a declaration in his nomination paper that he has been set up by that
party at the election and that the party has also fulfilled the requirements of
clauses (b), (c), (d) and (e) of
Paragraph 13 read with Paragraph 13-A in respect of such candidate; and
(c) that in the opinion of the
Commission there is no reasonable ground for refusing the application for such
allotment:
Provided that nothing
contained in this paragraph shall apply to a candidate set up by the said party
at an election in any constituency in a State or Union Territory where the same
symbol is already reserved for some other National or State party in that State
or Union Territory].
Order - [10-B. Concession to candidates set up by registered (unrecognised) parties and to unrecognised parties which were earlier recognised parties more than 6 years back.
“Subject to the provisions
of clause (b) of sub-paragraph
(3) of Paragraph 12, the candidates set up by a registered unrecognised
political party at the general election to the Legislative Assembly of a State
or to the House of the People, may be allotted a common symbol, subject to
fulfilment of the following conditions
(A) At a general election to
the Legislative Assembly:
(i) The party sets up
candidates at least in 5% (five per cent) of the assembly constituencies in the
State, subject to a minimum of three constituencies in States having forty or
less seats;
(ii) In the case of election on
expiry of the normal term of the Legislative Assembly, the intimation with
regard to its intention to contest election under sub-clause (i) is given by the party to the
Commission at any time during the period commencing from the date six months
prior to the date of expiry of the term of the Assembly and latest by five
clear days before the date on which the notification (or the first of the
notifications in the case of a phased election) of the election is scheduled to
be issued;
(iii) In the case of dissolution
of the Legislative Assembly before the expiration of its normal term, the
intimation with regard to its intention under sub-clause (i) is given by the party to the
Commission at any time from the date of dissolution of the Legislative Assembly
and latest by five clear days before the date on which the notification (or the
first of the notifications in the case of a phased election) of the election is
scheduled to be issued;
(iv) The party shall give the
names of ten symbols, in order of preference, from out of the list of free
symbols notified by the Commission under Paragraph 17 of this Order:
Provided that a party may,
if it so desires, also propose three new symbols of their choice, with the
names and clear design and drawings of symbol, in the order of preference, for
allotment to its candidates, which the Commission may consider for allotment as
its common symbol if there is, in its opinion, no objection in allotting such
symbol:
Provided further that the
symbols proposed by the parties shall have no resemblance to the existing
reserved symbols or free symbols, nor shall have any religious or communal
connotation or depict any bird or animal:
Provided also that no
proposal for a new symbol shall be entertained by the Commission unless it is
made at least three months before the date of expiry of term of the Assembly
concerned, or within one month of the premature dissolution of the Assembly, as
the case may be;
(v) The party also gives an
undertaking that if the party does not set up candidates in the minimum number
of the constituencies as prescribed in condition (i) above, its candidates shall not be entitled to allotment of a
common symbol on the date of allotment of symbols to them; and, in addition, the
party shall be liable for such punitive action as the Commission may consider
appropriate;
(vi) The list containing the
serial numbers and names of the constituencies where the party is setting up
candidates is submitted to the Commission latest by 5 clear days before the
date on which the notification (or first of the notifications in the case of a
phased election) of the election is scheduled to be issued.
(B) At a general election to
the House of the People
(i) The party sets up
candidates at least in a minimum of two parliamentary constituencies in the
State, in which it seeks allotment of a common symbol to its candidates;
(ii) In the case of States with
single parliamentary constituency, a party which applies for common symbol in
terms of clause (i) above in
another State, may also apply for allotment of the same symbol in such States
with single parliamentary constituency;
(iii) In the case of election on
expiry of the normal term of the House of the People, the intimation with
regard to its intention to contest election under sub-clauses (i) and (ii) is given by the party to the Commission at any time during
the period commencing from the date six months prior to the date of expiry of
the term of the House of the People and latest by five clear days before the
date on which the notification (or the first of the notifications in the case
of a phased election) of the election is scheduled to be issued;
(iv) In the case of dissolution
of the House of the People before the expiration of its normal term, the
intimation with regard to its intention under sub-clauses (i) and (ii) is given by the party to the Commission at any time from the
date of dissolution of the House of the People and latest by five clear days
before the date on which the notification (or the first of the notifications in
the case of a phased election) of the election is scheduled to be issued;
(v) The party shall give the
names of ten symbols, in order of preference, from out of the list of free
symbols notified by the Commission under Paragraph 17 of this Order:
Provided that a party may,
if it so desires, also propose three new symbols of their choice, with the
names and clear design and drawings of symbol, in the order of preference, for
allotment to its candidates, which the Commission may consider for allotment as
its common symbol if there is, in its opinion, no objection in allotting such
symbol:
Provided further that the
symbols proposed by the parties shall have no resemblance to the existing
reserved symbols or free symbols, nor shall have any religious or communal
connotation or depict any bird or animal:
Provided also that no
proposal for a new symbol shall be entertained by the Commission unless it is
made at least three months before the date of expiry of term of the House of
the People, or within one month of the premature dissolution of the House, as
the case may be;
(vi) The party also gives an
undertaking that if the party does not set up candidates in the minimum number
of the constituencies as prescribed in condition (i) above, its candidates shall not be entitled to allotment of a
common symbol on the date of allotment of symbols to them; and, in addition,
the party shall be liable for such punitive action as the Commission may
consider appropriate;
(vii) The list containing the
serial numbers and names of the constituencies where the party is setting up
candidates is submitted to the Commission latest by 5 clear days before the
date on which the notification (or first of the notifications in the case of a
phased election) of the election is scheduled to be issued.
Explanation. For the removal of doubt,
it is hereby clarified that
(i) The concession of allotment
of common symbol to the candidates of a registered unrecognised party under
this paragraph shall be available to a party at any two general elections to
the House of the People, or any two general elections to a State Legislative
Assembly or at one general election to the House of the People and the other at
a general election to a State Legislative Assembly, as the party may choose.
(ii) A party that has availed of
this concession on two occasions shall, however, be eligible for the concession
in any subsequent general election subject to the condition that on the
previous occasion when the party availed of the facility, the votes polled by
all the contesting candidates set up by the party at the general election in
the State concerned was not less than one per cent of the total valid votes
polled in that State.
(iii) The free symbol allotted as
a common symbol to the candidates of a party under this paragraph shall be
available for allotment to candidates set up by the other parties or
independent candidates in those other constituencies in which that party has
not set up its candidates.
(iv) Allotment of common symbol
under this paragraph shall be done on ‘first-come-first-served’ basis:
Provided that if
applications of two or more parties giving preference for the same symbol are
received in the Commission on the same date, then the question of allotment of
the symbol to one of such parties shall be decided by draw of lots in such
manner as may be directed by the Commission:
Provided further that if
out of the two or more such parties giving preference for the same symbol whose
applications are received on the same date, one party is such that it had been
allotted the said symbol at the previous occasion in the State concerned and
the other was not allotted that symbol in the previous election, then the
symbol shall be allotted to the former:
Provided also that if out
of the two or more such parties giving preference for the same symbol whose
applications are received on the same date, both or all such parties had been
allotted the said symbol on the previous occasion in the State concerned, and
one among the parties is such that it has Member(s) elected to the House of the
People or the Legislative Assembly of the State concerned on the symbol for
which preference has been given by the party, then the symbol shall be allotted
to that party to the exclusion of the other parties.
(v) If it is not possible for
the Commission for any reason to allot a common symbol to the candidates of a
party from out of the list of symbols for which it has given its preference
under this paragraph, some other symbol from the list of free symbols may be
allotted to that party in consultation with that party.
(vi) Notwithstanding anything
contained in Paragraph 10-A, a political party which was earlier a recognised
political party and which lost its recognition more than 6 years back will also
be eligible under this paragraph to the concession of allotment of the symbol
which was earlier reserved for the party, at a general election to the House of
the People or to the Legislative Assembly of a State, held after expiry of six
years since the party lost its recognition, subject to the fulfilment of each
of the conditions specified under clause (A) or (B), as the case may be, except
the condition in sub-clause (iv)
of clause (A) and sub-clause (v)
of clause (B)]”.
Order - 11. Restrictions on the choice and allotment of symbols allotted under Paragraph 10[18][or Paragraph 10-A].
Notwithstanding anything
contained in any of the foregoing provisions where elections are held
simultaneously in a parliamentary constituency and in the assembly
constituencies comprised in such parliamentary constituency, then
(a) if a symbol has been
exclusively allotted under Paragraph 10 [or
Paragraph 10-A] to a candidate set up by a political party at any election in
the parliamentary constituency, that symbol shall not be allotted to any
candidate at any election in any of the said Assembly Constituencies unless
such candidate is a candidate set up by that political party; and
(b) if a symbol has been
exclusively allotted under Paragraph 10 [or
Paragraph 10-A] to a candidate set up by a political party at any election in any
of the said Assembly Constituencies that symbol shall not be allotted to any
candidate at the election in the said Parliamentary Constituency unless such
candidate is a candidate set up by that political party.
Order - [12. Choice of symbols by other candidates and allotment thereof.
(1) Any candidate at an
election in a constituency in any State or Union territory, other than
(a) a candidate set up by a
National party; or
(b) a candidate set up by a
political party which is a State party in that State; or
[(c) a candidate referred to in Paragraph 10 or Paragraph 10-A or
Paragraph 10-B;]
shall choose, and shall be
allotted, in accordance with the provisions hereafter set out in this
paragraph, one of the symbols specified as free symbols for that State or Union
Territory by notification under Paragraph 17.
(2) Where any free symbol has
been chosen by only one candidate at such election, the returning officer shall
allot that symbol to that candidate, and to no one else.
(3) Where the same free symbol
has been chosen by several candidates at such election, then
(a) if, of those several
candidates, only one is a candidate set up by an unrecognised political party
and all the rest are independent candidates, the Returning Officer shall allot
that free symbol to the candidate set up by the unrecognised political party,
and to no one else; and, if, of those several candidates, two or more are set
up by different unrecognised political parties and the rest are independent
candidates, the Returning Officer shall decide by lot to which of the two or
more candidates set up by the different unrecognised political parties that
free symbol shall be allotted, and allot that free symbol to the candidate on
whom the lot falls, and to no one else:
Provided that where of the
two or more such candidates set up by such different unrecognised political
parties, only one is, or was, immediately before such election, a sitting
member of the House of the People, or, as the case may be, of the Legislative
Assembly (irrespective of the fact as to whether he was allotted that free
symbol or any other symbol at the previous election when he was chosen as such
member), the Returning Officer shall allot that free symbol to that candidate,
and to no one else;
(b) if, of those several
candidates, no one is set up by any unrecognised political party and all are
independent candidates, but one of the independent candidates is, or was,
immediately before such election a sitting member of the House of the People,
or, as the case may be, of the Legislative Assembly, and was allotted that free
symbol at the previous election when he was chosen as such member, the
Returning Officer shall allot that free symbol to that candidate, and to no one
else; and
(c) if, of those several
candidates, being all independent candidates, no one is, or was, a sitting
member as aforesaid, the Returning Officer shall decide by lot to which of
those independent candidates that free symbol shall be allotted, and allot that
free symbol to the candidates on whom the lot falls, and to no one else.]
Order - [13. When a candidate shall be deemed to be set up by a political party.
For the purposes of an
election from any parliamentary or assembly constituency to which this Order
applies, a candidate shall be deemed to be set up by a political party in any
such parliamentary or assembly constituency, if, and only if,
(a) the candidate has made the
prescribed declaration to this effect in his nomination paper;
[(aa) the candidate is a member of that political party and his
name is borne on the rolls of members of the party;]
(b) a notice by the political
party in writing, in Form B, to that effect has, not later than 3 p.m. on the
last date for making nominations, been delivered to the Returning Officer of
the constituency;
(c) the said notice in Form B
is signed by the President, the Secretary or any other office bearer of the
party, and the President, Secretary or such other office bearer sending the
notice has been authorised by the party to send such notice;
(d) the name and specimen
signature of such authorised person are communicated by the party, in Form A,
to the Returning Officer of the constituency and to the Chief Electoral Officer
of the [State
or Union Territory concerned], not later than 3 p.m. on the last date for
making nominations; and
(e) Forms A and B are signed,
in ink only, by the said office bearer or person authorised by the party :
Provided that no facsimile signature or signature by means of rubber stamp,
etc., of any such office bearer or authorised person shall be accepted and no
form transmitted by fax shall be accepted.]
Order - [13-A. Substitution of a candidate by a political party.
For the removal of any
doubt, it is hereby clarified that a political party which has given a notice
in Form B under Paragraph 13 in favour of a candidate may rescind that notice
and may give a revised notice in Form B in favour of another candidate for the
constituency:
Provided that the revised
notice in Form B, clearly indicating therein that the earlier notice in Form B
has been rescinded, reaches the Returning Officer of the constituency, not
later than 3 p.m. on the last date for making nominations, and the said revised
notice in Form B is signed by the authorised person referred to in clause (d) of Paragraph 13:
Provided further that in
case more than one notice in Form B is received by the Returning Officer in
respect of two or more candidates, and the political party fails to indicate in
such notices in Form B that the earlier notice or notices in Form B, has or
have been rescinded, the Returning Officer shall accept the notice in Form B in
respect of the candidate whose nomination paper was first delivered to him, and
the remaining candidate or candidates in respect of whom also notice or notices
in Form B has or have been received by him, shall not be treated as candidates
set up by such political party.]
Order - 14. Power of Commission to issue instructions to unrecognised political parties for their expeditious recognition on fulfilment of conditions specified in [27][Paragraph 6-A or Paragraph 6-B].
The Commission may issue
for the benefit of unrecognised political parties such instructions as it may
think necessary for their expeditious recognition when they have [fulfilled
any of the conditions for such recognition specified in Paragraph 6-A or
Paragraph 6-B].
Order - 15. Power of Commission in relation to splinter groups or rival sections of a recognised political party.
When the Commission is
satisfied on information in its possession that there are rival sections or
groups of a recognised political party each of whom claims to be that party,
the Commission may, after taking into account all the available facts and
circumstances of the case and hearing such representatives of the sections or
groups and other persons as desire to be heard, decide that one such rival
section or group or none of such rival sections or groups is that recognised
political party and the decision of the Commission shall be binding on all such
rival sections or groups.
Order - 16. Power of Commission in case of amalgamation of two or more political parties.
(1) When two or more political
parties, one or some or all of whom is a recognised political party or are
recognised political parties join together to form a new political party, the
Commission may, after taking into account all the facts and circumstances of
the case, hearing such representatives of the newly formed party and other
persons as desire to be heard and having regard to the provisions of this
Order, decide:
(a) whether such newly formed
party should be a National party or a State party; and
(b) the symbol to be allotted
to it.
(2) The decision of the
Commission under sub-paragraph (1) shall be binding on the newly formed
political party and all the component units thereof.
Order - [16-A. Power of Commission to suspend or withdraw recognition of a recognised political party for its failure to observe Model Code of Conduct or follow lawful directions and instructions of the Commission.
Notwithstanding anything in
this Order, if the Commission is satisfied on information in its possession
that a political party, recognised either as a National party or as a State
party under the provisions of this Order, has failed or has refused or is
refusing or has shown or is showing defiance by its conduct or otherwise (a) to observe the provisions of the
‘Model Code of Conduct for Guidance of Political Parties and Candidates’ as
issued by the Commission in January, 1991 or as amended by it from time to
time; or (b) to follow or carry
out the lawful directions and instructions of the Commission given from time to
time with a view to furthering the conduct of free, fair and peaceful elections
or safeguarding the interests of the general public and the electorate in
particular, the Commission may, after taking into account all the available
facts and circumstances of the case and after giving the party reasonable
opportunity of showing cause in relation to the action proposed to be taken
against it, either suspend, subject to such terms as the Commission may deem
appropriate, or withdraw the recognition of such party as the National party
or, as the case may be, the State party.]
Order - 17. Notification containing lists of political parties and symbols.
(1) The Commission shall by one
or more notifications in the Gazette of India publish lists specifying:
(a) the National parties and
the symbols respectively reserved for them;
(b) the State parties, the
State or States in which they are State Parties and the symbols respectively
reserved for them in such State or States;
(bb) [*
* *]
[(c) the unrecognised political parties and the addresses of their
headquarters registered with the Commission;] and
[(d) the free symbols for each State and Union Territory.]
(2) Every such list shall, as
far as possible, be kept up to date.
Order - 18. Power of Commission to issue instructions and directions. The Commission, may issue instructions and directions.
(a) for the clarification of
any of the provisions of this order;
(b) for the removal of any
difficulty which may arise in relation to the implementation of any such
provisions; and
(c) in relation to any matter
with respect to the reservation and allotment of symbols and recognition of
political parties, for which this Order makes no provision or makes
insufficient provision, and provision is in the opinion of the Commission
necessary for the smooth and orderly conduct of elections.
Order - 19.
[* * *]
[Form A]
Communication with regard
to Authorised Persons to intimate names of Candidates set up by recognised
National or State Political party or Registered Unrecognised political party.
[See Paragraphs 13(c),
(d) and (e) of the Election Symbols
(Reservation and Allotment) Order, 1968]
To
(1) The Chief Electoral
Officer,
………………….(State/Union
Territory).
(2) The Returning Officer for
the
…………………Constituency.
Subject : General Elections
to ……………. from ……………. (State/Union Territory)
Allotment of Symbols
Authorisation of persons to intimate names of candidates.
Sir,
In pursuance of Paragraphs
13(c), (d) and (e) of
the Election Symbols (Reservation and Allotment) Order, 1968, I hereby
communicate that the following person(s) has/have been authorised by the party,
which is National Party/State party in the State of …………………../Registered
Un-recognised Party to intimate the names of the candidates proposed to be set
up by the party at the election cited above.
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Name of person authorised to send notice
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Name of office held in the party
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District(s)/area (s) constituency/constituencies
in respect of which he has been authorised.
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The specimen signatures of
the abovementioned person (s) so authorised are given below
1.
Specimen
signatures of Shri ……………………………………………………….
(i)…………………………………………
(ii) ……………………………………
(iii) ………………………………………….
2.
Specimen
signatures of Shri ………………………………………………………
(i) …………………………………………
(ii) ……………………………………
(iii) ………………………………………….
3.
Specimen
signatures of Shri ………………………………………………………………
(i) …………………………………………
(ii) ……………………………………
(iii) ………………………………………….
Yours faithfully,
President/Secretary
Name of the Party
Place ………………..
Date …………………(Seal of the
Party)
NB.
(1) This must be delivered to
the Returning Officer and the Chief Electoral Officer not later than 3 p.m. on
the last date for making nominations.
(2) Form must be signed in ink
by the office bearer (s) mentioned above. No facsimile signature or signature
by means of rubber stamp, etc., of any office bearer shall be accepted.
(3) No form transmitted by fax
shall be accepted.]
[Form B
NOTICE AS TO NAME OF
CANDIDATE SET UP BY THE POLITICAL PARTY [SEE PARAGRAPHS 13(B), (C) AND (E) AND
13-A OF THE ELECTION SYMBOLS (RESERVATION AND ALLOTMENT) ORDER, 1968]
To
The Returning Officer for
the
…………………Constituency.
Subject:General/bye
election to ………… from ………. (Name of the Constituency) in……………….. (State/Union Territory) setting up of candidate.
Sir,
In pursuance of Paragraphs
13(b), (c) and (e) and
13-A of the Election Symbols (Reservation and Allotment) Order, 1968, I hereby
give notice on behalf of ……………………. (party)
(i) that the person whose
particulars are furnished in columns (2) to (4) below is the approved candidate
of the party above named; and
(ii) the person whose
particulars are mentioned in columns (5) to (7) below is the substitute
candidate of the party, who will step in on the approved candidate's nomination
being rejected on scrutiny or on his withdrawing from the contest, if the
substitute candidate is still a contesting candidate;
at the ensuing general/bye
election from this constituency:
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Name of the Constituency
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Name of the approved candidate
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Father's/Mother's/Husband's name of approved
candidate
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Postal address of approved candidate
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Name of the Substitute candidate who will step in
(i)
on the approved candidate's nomination being rejected on scrutiny; or
(ii)
on his (approved candidate) withdrawing from the contest if, however, the
nomination paper of substitute candidate is accepted on scrutiny as an
independent candidate and, he is still a contesting candidate
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Father's/Mother's/Husband's name of substitute
candidate
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Postal address of substitute candidate
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The notice in Form ‘B’
given earlier in favour of Shri/Smt./Sushri…………………………as party's approved
candidate/Shri/Smt./Sushri …………….……….……… as Party's substitute candidate is
hereby rescinded.
It is certified that each of
the candidates whose name is mentioned above is a member of this political
party and his name is duly borne on the rolls of members of this party.
Yours faithfully,
(Name and Signature of the
Authorised person of the
party)
(Seal of the party)
Place …………………..
Date …………………….
NB.
(1) This must be delivered to
the Returning Officer not later than 3 p.m. on the last date for making
nominations.
(2) Form must be signed in ink
by the office bearer (s) mentioned above. No facsimile signature or signature
by means of rubber stamp, etc., of any office bearer shall be accepted.
(3) No form transmitted by fax
shall be accepted.
(4) Para 2 of the form must be
scored off, if not applicable, or must be properly filled, if applicable.]