[06th
January 2022] An order to provide for
specifications, reservation, choice and allotment of symbols at elections to
local bodies in the State of Tamil Nadu and for matters connected therewith. Whereas, the
superintendence, direction and control of all elections to local bodies in the
State of Tamil Nadu are vested in the Tamil Nadu State Election Commission
(hereinafter referred to as 'the State Election Commission') by the
Constitution of India, the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21
of 1994), the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV
of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act XV
of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act
XXV of 1981), the Tiruchirapalli City Municipal Corporation Act, 1994 (Tamil
Nadu Act 27 of 1994), the Tirunelveli City Municipal Corporation Act, 1994
(Tamil Nadu Act 28 of 1994), the Salem City Municipal Corporation Act, 1994
(Tamil Nadu Act 29 of 1994), Tiruppur City Municipal Corporation Act, 2008
(Tamil Nadu Act 7 of 2008), the Erode City Municipal Corporation Act, 2008
(Tamil Nadu Act 8 of 2008), the Vellore City Municipal Corporation Act, 2008
(Tamil Nadu Act 26 of 2008), the Thoothukudi City Municipal Corporation Act,
2008 (Tamil Nadu Act 27 of 2008), the Thanjavur City Municipal Corporation Act,
2013 (Tamil Nadu Act 24 of 2013), the Dindigul City Municipal Corporation Act,
2013 (Tamil Nadu Act 25 of 2013), the Hosur City Municipal Corporation Act,
2019 (Tamil Nadu Act 10 of 2019), the Nagercoil City Municipal Corporation Act,
2019 (Tamil Nadu Act 11 of 2019), the Avadi City Municipal Corporation Act,
2019 (Tamil Nadu Act 24 of 2019), the Cuddalore City Municipal Corporation
Ordinance, 2021 (Tamil Nadu Ordinance 1 of 2021), the Kancheepuram City
Municipal Corporation Ordinance, 2021 (Tamil Nadu Ordinance 2 of 2021), the
Sivakasi City Municipal Corporation Ordinance, 2021 (Tamil Nadu Ordinance 3 of
2021), the Karur City Municipal Corporation Ordinance, 2021 (Tamil Nadu
Ordinance 4 of 2021), the Tambaram City Municipal Corporation Ordinance, 2021
(Tamil Nadu Ordinance 5 of 2021), the Kumbakonam City Municipal Corporation
Ordinance, 2021 (Tamil Nadu Ordinance 7 of 2021) and the Tamil Nadu District
Municipalities Act, 1920 (Tamil Nadu Act V of 1920) (hereinafter referred to as
'the Acts'); AND Whereas, it is necessary
and expedient to provide in the interest of purity of elections to the local bodies
in the State of Tamil Nadu 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 and for matters connected therewith: NOW, Therefore, in exercise
of the powers conferred by Articles 243-K and 243-ZA of the Constitution of
India read with relevant sections of the Acts and rules 33, 34 and 35 of the
Tamil Nadu Panchayats (Elections) Rules, 1995, rules 31, 32 and 33 of the Tamil
Nadu Town Panchayats, Municipalities and Corporations (Elections) Rules, 2006
and in supersession of the State Election Commission's S.O.No.
14/2019/TNSEC/EG-1, dated 6.9.2019 published at pages 1 to 16 of Part
VI-Section 2, Notification No.VI(2)/87(a)/2019 of the Tamil Nadu Government
Gazette, Extraordinary No. 362, dated 13.9.2019, and as amended, from time to
time, the State Election Commission hereby makes the following order:- (1)
This Order may be called the Tamil Nadu Local
Bodies Election Symbols (Reservation and Allotment) Order, 2022. (2)
It shall apply to all elections held under
the Acts. (3)
It shall come into force at once. (1)
In this Order, unless the context otherwise
requires, - (a)
"Contested election" means an
election where a poll is taken; (b)
"Election" means an election held
under the Acts; (c)
"Form" means a form appended to
this Order; (d)
"Free symbol" means a symbol other
than a reserved symbol; (e)
"Government" means the Government
of Tamil Nadu; (f)
"Local bodies" means and includes
all the Village Panchayats, Panchayat Unions, District Panchayats, Town
Panchayats, Municipalities and Municipal Corporations; (g)
"Ordinary election" means an
election held to fill up a vacancy occurring by efflux of time; (h)
"Political party" means an
association or a body of individual citizens of India registered with the
Election Commission of India as a political party under Section 29A of the
Representation of the People Act, 1951; (i)
"Reserved symbol" means a symbol
which is reserved by the Election Commission of India for exclusive allotment
to a contesting candidate set up by a recognised political party; (j)
"Recognised political parties"
means and includes every political party which has been recognised by the
Election Commission of India as a National Party or as a State Party in the
State of Tamil Nadu under the Election Symbols (Reservation and Allotment)
Order, 1968; and (k)
"Registered - Unrecognised political
party" means and includes (i)
every political party which had previously
been recognised by the Election Commission of India as a National Party under
the Election Symbols (Reservation and Allotment) Order, 1968 and subsequently
lost its status as National Party; (ii)
every political party which has been recognised
by the Election Commission of India as a State Party in any State other than
Tamil Nadu under the Election Symbols (Reservation and Allotment) Order, 1968; (iii)
every political party having its head office
in the State of Tamil Nadu which is registered with the Election Commission of
India but not recognised either as a National Party or as a State Party in
Tamil Nadu by the Election Commission of India under the Election Symbols
(Reservation and Allotment) Order, 1968; and (iv)
political parties registered with the
Election Commission of India and having their head office in other States and
have not been recognized either as a National Party or as a State Party by the
Election Commission of India under the Election Symbols (Reservation and
Allotment) Order, 1968; provided such parties should make an application to the
State Election Commission with its office address in Tamil Nadu, bye-laws,
office bearers, etc. (2)
Words and expressions used but not defined in
this Order but defined in the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act
21 of 1994) or the rules made there under or in the Chennai City Municipal
Corporation Act, 1919 (Tamil Nadu Act IV of 1919) or in the Madurai City
Municipal Corporation Act, 1971 (Tamil Nadu Act XV of 1971) or in the Coimbatore
City Municipal Corporation Act, 1981 (Tamil Nadu Act XXV of 1981) or in the
Tiruchirapalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994)
or in the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28
of 1994) or in the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act
29 of 1994) or in the Tiruppur City Municipal Corporation Act, 2008 (Tamil Nadu
Act 7 of 2008) or in the Erode City Municipal Corporation Act, 2008 (Tamil Nadu
Act 8 of 2008) or in the Vellore City Municipal Corporation Act, 2008 (Tamil
Nadu Act 26 of 2008) or in the Thoothukudi City Municipal Corporation Act, 2008
(Tamil Nadu Act 27 of 2008) or in the Thanjavur City Municipal Corporation Act,
2013 (Tamil Nadu Act 24 of 2013) or in the Dindigul City Municipal Corporation
Act, 2013 (Tamil Nadu Act 25 of 2013) or the Hosur City Municipal Corporation
Act, 2019 (Tamil Nadu Act 10 of 2019) or the Nagercoil City Municipal
Corporation Act, 2019 (Tamil Nadu Act 11 of 2019) or the Avadi City Municipal
Corporation Act, 2019 (Tamil Nadu Act 24 of 2019) or the Cuddalore City
Municipal Corporation Ordinance, 2021 (Tamil Nadu Ordinance 1 of 2021) or the
Kancheepuram City Municipal Corporation Ordinance, 2021 (Tamil Nadu Ordinance 2
of 2021) or the Sivakasi City Municipal Corporation Ordinance, 2021 (Tamil Nadu
Ordinance 3 of 2021) or the Karur City Municipal Corporation Ordinance, 2021
(Tamil Nadu Ordinance 4 of 2021) or the Tambaram City Municipal Corporation
Ordinance, 2021 (Tamil Nadu Ordinance 5 of 2021) or the Kumbakonam City
Municipal Corporation Ordinance, 2021 (Tamil Nadu Ordinance 7 of 2021) or in
the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) or
rules made there under shall have the meaning respectively assigned to them in
those Acts and rules. (3)
In the absence of such definitions, the Tamil
Nadu General Clauses Act, 1891 (Tamil Nadu Act 1 of 1891) 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 Tamil Nadu Act. The State Election
Commission shall notify from time to time a list of recognised political
parties, the symbols respectively reserved for them and a list of registered -
unrecognised political parties and the list or lists of free symbols. (1)
In every contested election not held on party
basis, symbols shall be allotted to the candidates in the sequence of the
symbols in the list of free symbols meant for that election by drawing lots. Example.-If election of
member of a ward of a Village Panchayat is not held on party-basis and if there
are five candidates and if the first five symbols in the list are, say, (1)
"Key", (2)" Comb", (3) "Cot", (4) "Car"
and (5) "Conch", then these five symbols should be taken for
allotment and assigned to the five candidates by drawing lots. The candidate
whose name is drawn first shall get the symbol "Key" and the
candidate whose name is drawn next shall get the symbol "Comb" and so
on. If there had been only three candidates in the above example, only
"Key", "Comb" and "Cot" could be allotted in that
order. (2)
In such election, the allotment of symbol
shall be done only by drawing lots even if the contesting candidates agree
among themselves upon their symbols. (1)
Allotment of symbols to National Parties and
Recognised Parties of Tamil Nadu In an election held on party-basis, a
candidate set up by a recognised political party shall choose, and shall be
allotted, the symbol reserved for that party and no other symbol: Provided that when there are
conflicting claims for any such reserved symbol due to defect of substantial
character either in the nomination paper or in Form B or Form C filed, none of
the claimants shall be allotted that reserved symbol and all the claimants
shall be treated as independent candidates and allotted the free symbols left
after allotting to all other candidates in that election: Provided further that no
reserved symbol shall be sought or allotted in an election, to any candidate
other than a candidate set up by a recognised political party to which that
symbol has been reserved, even if no candidate has been set up by that
recognised political party in that election. (2)
A. Concession to candidates set up by a State
Party at elections in other States or Union Territories If a Political Party
which is recognized as a State Party in some other State or States or Union Territories
sets up a candidate at an election in a ward in any Local Body which are held
on party basis, then such candidate may, to the exclusions of all other
candidates in the said election 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
election, on the fulfilment of each of the following conditions, namely:- (a)
that an application is made to the State
Election 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 or within
three days from the date of issue of this order; (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) and (d) of paragraph 8; and (c)
that in the opinion of the State Election
Commission there is no reasonable ground for refusing the application for such
allotment. Provided that nothing
contained in the paragraph shall apply to a candidate set up by the said party
at an election in any Ward/Local Body where the same symbol is already reserved
for some other National or State Party of Tamil Nadu. B. Concession to candidates
set up by unrecognised party which was earlier recognised as a National or
State party If a Political Party, which is unrecognized at present but was a
Recognised National or State Party in the State of Tamil Nadu not earlier than
six years from the date of notification of the election sets up a candidate at
an election in a ward in any Local body which are held on party basis then such
candidate may, to the exclusion of all other candidates in the said election,
be allotted the symbol reserved earlier for that party when it was a Recognised
National or State party in Tamil Nadu notwithstanding that such symbol is not
specified in the list of free symbols for such election, on the fulfilment of
each of the following conditions, namely:- (a)
that an application is made to the State
Election 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 of
the election and that the party has also fulfilled the requirements of clauses
(b), (c) and (d) of paragraph 8; and (c)
that in the opinion of the State Election
Commission there is no reasonable ground for refusing the application for such
allotment. Provided that nothing contained
in the paragraph shall apply to a candidate set up by the said party at an
election in any Ward/Local Body where the same symbol is already reserved for
some other National or State Party. C. Concession to candidates
set up by registered (unrecognised) political parties and to unrecognized
parties which were earlier recognised parties more than 6 years back If a
registered unrecognized political party has been allotted with a common symbol
in the elections conducted by the Election Commission of India and not
cancelled subsequently, the said registered unrecognized political party may
request the State Election Commission to continue to allot the same common
symbol in the Local Body Elections conducted by the State Election Commission
also subject to the following conditions: Provided that if a common
symbol allotted by Election Commission of India to one or more registered
political parties in different elections prior to Local Body Elections, that
common symbol shall be considered for allotment to the party to whom the common
symbol were allotted by the Election Commission of India in the recently held
Election; Provided further that an
application is made to the State Election Commission by the said party for the
concession for the allotment of common symbol to the candidates set up by it,
not later than the third day after the publication in the Official Gazette of
the notification calling the election along with the details of No. of wards /
offices in which the said party wishes to get concession for the allotment of
common symbol; Provided further that the
free symbol allotted as a common symbol shall not be entitled for the
candidates set up by the party other than those wards / offices for which the
details has been furnished as per para 3 to the State Election Commission under
this provision; Provided further that if the
party does not set up candidates as furnished, the party shall be liable for
such action as the the State Election Commission may consider appropriate as
per existing laws; Provided further that 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
party or independent candidates in those other wards in which that party has not
set up its candidates; and Provided also that
notwithstanding anything contained in paragraph 7(1) B, a political party which
was earlier a recognized political party and which lost its recognition more
than 6 (six) years back will also be eligible under this paragraph to the
concession of allotment of the symbol which was earlier reserved for the party
as above. (3)
Choice of symbol by candidates set up by
registered - unrecognised political parties and by independent candidates .-
Every independent candidate, shall declare in the nomination paper first filed
by him or on his behalf, his choice of three free symbols from the list of free
symbols for that election indicating the order of his preference. Every
candidate who is set up by the registered - unrecognised political party shall
declare in the nomination paper first filed by him or on his behalf, his choice
of three free symbols collectively from the list of free symbols notified for
the party based elections. The symbols shall be allotted in accordance with the
procedure laid down below:- (a)
The allotment of symbols shall be considered
in the order of preference made by the candidates, that is to say, the first
preference of the candidates will be considered first, the second preference
next and the third preference last: Provided that the allotment
of symbols to candidates set up by the registered - unrecognised political
parties shall be completed first and only thereafter the allotment of symbol to
the independent candidates shall be taken up and allotted from among the
remaining free symbols. (b)
Where a free symbol has been sought for by
only one candidate set up by a registered-unrecognised political party, as his
first choice, it shall be allotted to that candidate and to no one else. If any
free symbol has been sought for by more than one candidate set up by the
registered-unrecognised political parties, the allotment of that symbol shall
be decided by drawing a lot among these candidates and the candidate whose name
is drawn first shall be allotted that symbol. (c)
If any candidate set up by registered -
unrecognised political party could not be allotted the symbol sought for in his
first preference in the lot, he shall be considered for allotment of the free
symbol sought for, as his second preference. Should the second choice of symbol
could also not be allotted, due to conflicting claims for that symbol and
failure in the lot, he shall be considered for the allotment of the free symbol
of his third preference. Even if this could not be allotted, he should be
allotted by drawing a lot, any one of the free symbols left after allotting to
other candidates set up by the registered - unrecognised political parties in
accordance with the procedure set out above. (d)
After completing the allotment of free symbols
to all the candidates set up by the registered - unrecognised political
parties, the remaining free symbols shall be allotted to the independent
candidates in accordance with their choice and preference by adopting the
procedures for allotment of symbols to candidates set up by the registered -
unrecognised political parties. (1)
For the purposes of this Order, a candidate
shall be deemed to be set up by the political party if, and only if - (a)
the candidate has enclosed a declaration to
that effect in Form C along with the nomination paper; (b)
a notice in writing in Form B to that effect
has, not later than 3.00 p.m. on the last date for withdrawal of candidature,
been delivered to the Returning Officer; (c)
the said notice is either signed by the
President/Secretary or any other office bearer and who has been authorised by
the party in this behalf or any other person who has been authorised by such
office bearer, to send the notice; and (d)
the communication in Form A with regard to
the name and specimen signature of such authorised person are delivered to the
Returning Officer not later than 3.00 p.m. on the last date for withdrawal of
candidature. (2)
(a) The communication in Form A shall be
signed by the President/Secretary or any other office bearer and who has been
authorised by the party in this behalf to send such communication: Provided where the notice in
Form B is signed by any such office bearer authorised by the Party, Form A need
not be insisted upon. (b) Form C shall be signed
in ink, while printed/cyclostyled/photocopies of Forms A and B with facsimile
signature can be presented. (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 provision; and (c)
in relation to any matter with respect to the
reservation and allotment of symbols for which this Order makes no provision or
makes insufficient provision, and the provision is, in the opinion of the State
Election Commission, necessary for the smooth and orderly conduct of elections. FORM
A COMMUNICATION
WITH REGARD TO AUTHORISED PERSONS TO INTIMATE NAME OF CANDIDATE SET UP BY THE
RECOGNISED POLITICAL PARTY / REGISTERED - UNRECOGNISED POLITICAL PARTY [See
paragraph 8 (1) (d) and 8 (2) (a) of the Tamil Nadu Local Bodies Election
Symbols (Reservation and Allotment) Order, 2022] From The President / Secretary /
Office bearer, ...........................Party, ...................................................... ...................................................... To The Returning Officer for
the ...........................Ward
No. ........................... Panchayat Union/District Panchayat. ...........................Ward
No........................... Town Panchayat/Municipality/Municipal
Corporation. Sir, Subject: Elections to
........................... Allotment of Symbols -Authorisation of persons to
intimate names of candidates. * *
* In pursuance of
sub-paragraphs (1) (d) and (2) (a) of paragraph 8 of the Tamil Nadu Local
Bodies Election Symbols (Reservation and Allotment) Order, 2022, I hereby
communicate that the following person(s) has/have been authorised by the party,
which is a Recognised Political Party, to intimate the name(s) of the
candidate(s) proposed to be set up by the party at the election(s) cited above. Name of person authorised to send notice. Name of Office held in the party. The local body/ local bodies in respect of
which he has been authorised. Specimen signature of the person authorised
to send notice in Form B. (1) (2) (3) (4) (i) ...
... ... ... ... 1. (ii) ...
... ... ... ... (iii) ...
... ... ... ... (i) ...
... ... ... ... 2. (ii) ...
... ... ... ... (iii) ...
... ... ... ... (i) ...
... ... ... ... 3. (ii) ...
... ... ... ... (iii) ...
... ... ... ... (i) ...
... ... ... ... 4. (ii) ...
... ... ... ... (iii) ...
... ... ... ... (i) ...
... ... ... ... 5. (ii) ...
... ... ... ... (iii) ...
... ... ... ... Place:................. Seal of the party Date::................. Yours faithfully, President/Secretary/Office
bearer :.................:.................Party (N.B.: This shall be
delivered to the Returning Officer not later than 3.00 P.M. on the last date
for withdrawal of candidature) FORM
B NOTICE
AS TO NAME OF CANDIDATE SET UP BY THE RECOGNISED POLITICAL PARTY / REGISTERED -
UNRECOGNISED POLITICAL PARTY [See
Paragraph 8 (1) (b) (c) of the Tamil Nadu Local Bodies Election Symbols
(Reservation and Allotment) Order, 2022] From ................. ..................................Party, .................................. .................................. To The Returning Officer for
the ..................................Ward
No. .................Panchayat Union/District Panchayat / .................
Ward No................. Town Panchayat/Municipality/Municipal Corporation. Sir, Subject: Election(s) to
................. - Name(s) of candidate(s) - Intimated. In pursuance of
sub-paragraphs (1) (b) and (1) (c) of paragraph 8 of the Tamil Nadu Local
Bodies Election Symbols (Reservation and Allotment) Order, 2022, I hereby give
notice that the following person(s) has / have been set up by our party as its
candidate(s) at the ensuing Local Bodies Election. (1)
Name of the ward/ local body
................................................... (2)
Name of the approved Candidate
................................................... (3)
Fathers/ Husbands name of approved candidate.
................................................... (4)
Postal address of approved Candidate.
.................................. ................................................... ................................................... (5)
Name of the substitute candidate
................................................... (6)
Fathers/Husbands name of substitute candidate
.................................. (7)
Postal address of substitute candidate.
................................................... ................................................... ................................................... 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 the members of this party. Place:................. Date:................. Yours faithfully, President/Secretary/Office
bearer/Authorised Person ..................................Party N.B.: (1) A substitute
candidate shall step-in in the event of the approved candidates nomination
being rejected on scrutiny or his withdrawing from the contest. (2) This shall be delivered
to the Returning Officer not later than 3.00 P.M. on the last date for
withdrawal of candidature. FORM
C DECLARATION
BY A CANDIDATE SET UP BY THE RECOGNISED POLITICAL PARTY / REGISTERED
UNRECOGNISED POLITICAL PARTY [See
paragraph 8 (1) (a) of the Tamil Nadu Local Bodies Election Symbols
(Reservation and Allotment) Order, 2022] I,
.................................. a candidate for the election of Member/
Councillor to the Ward No ................. of
.................................. Panchayat Union / District Panchayat / Town
Panchayat / Municipality / Municipal Corporation hereby declare that I have
been set up at this election by .................................. Party, which
is a recognised political party/ registered - unrecognised political party. Signature of the Candidate Place: Date: N.B.: Form shall be signed
in ink.Tamil
Nadu Local Bodies Election Symbols (Reservation And Allotment) Order, 2022
For the purposes of this Order, the State Election Commission shall, in
consultation with the Government, notify from time to time the election or
elections which shall be held on party-basis and the election or elections
which shall not be held on party-basis.
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.
If in an election to the local bodies held on party-basis, rival sections or
groups of a recognised political party claim to be that party, the State
Election Commission may decide on allotment of symbols to the candidates
sponsored by such sections or groups and the State Election Commissions
decision shall be final.
If in an election to the local bodies held on party-basis, two or more
recognised political parties join together to form a new political party but
the recognition for it under the Election Symbols (Reservation and Allotment)
Order, 1968, is pending before the Election Commission of India, the new party
may be allotted by the State Election Commission any of the reserved symbols
already allotted to the constituent parties, provided a request in writing for
such an allotment is made jointly by the Chief Executive Officers of all the
constituent recognised parties.
The State Election Commission may issue instructions and directions-