To provide for specifications,
reservation, choice and allotment of symbols at election to Panchayats in the
State of Haryana for the recognition of Political Parties in relation thereto
and for matters connected therewith. Whereas the superintendence, direction
and control of all elections to Panchayats in the State of Haryana are vested
in the State Election Commission by the Constitution of India and the Haryana
Panchayati Raj Act, 1994 (Haryana Act 11 of 1994). AND WHEREAS, it is necessary and
expedient to provide in interest of purity of elections to the Gram Panchayats,
Panchayat Samities and Zila Parish ads in the State of Haryana 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 under clause (1) of Article 243 K of the Constitution of India
and Section 212 of the Haryana Panchayati Raj Act, 1994 (Haryana Act No. 11 of
1994) and Rule 33 of the Haryana Panchayati Raj (Elections) Rules, 1994 and all
other powers enabling it in this behalf, the State Election Commission, Haryana
hereby makes the following order:- (1) This
order may be called the Haryana Panchayati Raj Election Symbols (Reservation
and Allotment) Order, 1996. (2) It shall
extend to the whole of Haryana in relation to elections in all Gram Panchayats,
Panchayat Samities and Zila Parish ads. (3) It shall
come into force on the date of its publication in the Haryana Government
Gazette which date is hereinafter referred to the commencement of this Order. (1) In this
order unless the context otherwise requires, - (a) "Act"
means the Haryana Panchayati Raj Act, 1994 (Haryana Act No. 11 of 1994); (b) "Clause"
means a clause of the Paragraph or sub-paragraph in which the word occurs; . (c) "contested
election" means an election in a Gram Panchayat, Panchayat Ward where a
poll is taken; (d) "election"
means an election to which this Order applies, (e) "elections
held on party-basis" means an election in which a candidate set up by a
recognized political party gets an exclusive allotment of symbol reserved for
that party in accordance with the provisions of this order.; (f) "recognized
political party" means and includes every political party which has been
recognized by the Election Commission of India as a National Party or as a
State Party in the State of Haryana under the Election Symbols (Reservation and
Allotment) Order, 1968; (g) "registered
but unrecognized political party" means and includes every political party
having its head office in Haryana which is registered with but not recognized
either as a National Party or as a State Party in Haryana by the Election
commission of India under the Election Symbols (Reservation and Allotment)
Order, 1968; (h) "rule"
means the Haryana Panchayati Raj (Elections) Rules, 1994; (i) "State
Election Commission" means the State Election Commission, Haryana
constituted under Article 243-K of the Constitution read with section 212 of
the Act, and (j) "sub-paragraph"
means a sub-paragraph of the paragraph in which the word occurs. (2) Words and
expressions used but not defined in this order but defined in the
Representation of the People Act, 1950 or the rules made hereunder in the
Representation of People Act, 1951 or the rules made hereunder or the Haryana
Panchayati Raj Act, 1994 or the rules made hereunder shall have the meaning
respectively assigned to them in those Acts and Rules. (3) In the
absence of such definition, the Punjab General Clauses Act, 1898 (Punjab Act 1
of 1898) 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 Haryana Act. For the purpose of this order,
the State Election Commission shall 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. (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
unreserved for a recognized political party for exclusive allotment for
contesting candidates set up by the party. The State Election Commission
shall notify from time to time:- (a) The list
of reserved symbols and the list or lists of free symbols for use in an
election or elections by the political party. (b) The list
or lists of free symbols for use in an election or elections by the candidates
other than political parties. (1) The State
Election Commission shall notify from time to time the list of recognized
Political Parties and the symbols respectively reserved for them and the list
of registered but unrecognized Political parties. (2) For the
purposes of sub-paragraph (1), the recognized Political Parties and the
registered but unrecognized Political Parties shall submit an application to
the State Election Commission incorporating the particulars listed out in
Annexure 1 to this order within thirty days of commencement of this order. (3) Every
application under sub-paragraph (2) shall be signed by the President, the
Secretary or any other office bearer of the party and the President, Secretary
or such other office bearer is authorized by the party of the recognized
political party and the registered but unrecognized political party (by
whatever name called) and presented to the State Election Commission. (4) The
application under sub-paragraph (5) shall be accompanied by (i) a copy of the
memorandum or rules and regulations of the recognized political party or the
registered but unrecognized political party by whatever name called and such
memorandum or rules and regulations shall contain a specific provision that the
association or body shall bear true faith and allegiance to the Constitution of
India as by law established, and to the principles of socialism, secularism and
democracy, and would uphold the sovereignty, unity and integrity of India; and
(ii) an attested order, communication/Notification of the Election Commission
of India, according recognition/registration to the recognized political party
or the registered but unrecognized' political party. (5) The State
Election Commission may call for such other particulars as it may deem fit from
the recognized political party or the registered but unrecognized political
party. 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. (1) In an
election not held on party basis, every candidate, shall declare in the
nomination paper first filed by him, his choice of three free symbols from the
list of free symbols for that election indicating the order of his preference.
The symbols shall be allotted in accordance with the procedure laid down
below:- (a) The
allotment of symbol shall be considered in the order of the 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; (b) If any
symbol has been sought for by more than one candidate the allotment of that
symbol shall be decided by drawing a lot between those candidates and the
candidate whose name is drawn first shall be allotted that symbol. (c) If any
candidate 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 as
his second preference. Should the second choice of symbol could not also be
allotted, due to failure in the lot, he shall be considered for the allotment
of free symbol sought as his second preference. Should the second choice of
symbol could not also be allotted due to failure in the lost, 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 that first symbol which has
not been allotted to any of the candidates out of the list of free symbols
notified by the State Election Commission. (d) In an
election where the candidate has not declared in the nomination paper first
filed by him, his choice of three free symbols from the list of free symbols
for that election indicating the order of his preference then the symbol shall
be allotted seriatim-wise from the list of free symbols notified by the State
Election Commission to the candidates whose names have been mentioned in the
list of contesting candidates prepared in Hindi in alphabetical order of
Devnagri Script on the last day of withdrawal of nomination, even if the
contesting candidates agree among themselves upon their symbol. (2)
No candidate will ask for any other symbol but for the symbol
notified by state Election Commission. In case any such symbol which is not
notified by the State Election Commission is asked by any candidate, the same
will be ignored. (3)
Each candidate or his election agent shall be intimated the symbol
allotted to him in writing an signature obtained in token of having received
that intimation. He shall also be given specimen copy of that symbol, along
with the said intimation. (1) m an
election not held on Party basis symbols shall be allotted to the contesting
candidates for the office of Panch and Sarpanch, seriatim wise from the list of
symbols notified by the State Commission as the case may be, in order of list
of contesting candidates prepared in Hindi, in alphabetical order of Devnagri
Script on the last day of withdrawal of nomination, even if the contesting
candidates agree among themselves upon their symbol. (2) No
candidate will ask for any other symbol which is not notified by the State
election Commission is asked by any candidate, the same will be ignored. (3) Each
candidate or his election agent shall be intimated the symbol allotted to him
in writing, and signature obtained in token of having received that intimation.
He shall also be given specimen copy of that symbol, along with the said
intimation. (1) Choice of
the symbol by candidates set up by recognized political parties and allotment
thereof. In an election held on party basis every candidate set up by a
recognized political party shall seek the symbol reserved for that party and no
other symbol, and he shall be allotted the same, but no other symbol: Provided that when there are
conflicting claims for any reserved symbol due to defect of substantial
character either in the nomination paper, or otherwise, 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 recognized political party to which that symbol has
been reserved even if no candidate has been set up by that recognized political
party in that election. (2) Choice of
symbol by candidates set up by registered but unrecognized political parties
and by independent candidates. Every candidate who is set by the registered but
unrecognized political party or who is an independent candidate shall declare
in the nomination paper first filed by him, his choice of three free symbols
from the list of free symbols for that election indicating the order of his
preference. 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 the preference made by
the candidates, that is to say, the first preference of the candidates will be
considered first, the second preference next and third preference last: Provided that the allotment of
symbols to candidates set up by the registered but unrecognized 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 but unrecognized 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 but unrecognized
political parties, the allotment of that symbol shall be decided by drawing a
lot between those candidates and the candidate whose name is drawn first shall
be allotted that symbol. (c)
If any candidate set up by the registered but unrecognized 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 as his
second preference. Should the second choice of symbol could not also be
allotted, due to conflicting claims for the 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 anyone of
the free symbols left after allotting to other candidates set up by the
registered but unrecognized 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 but unrecognized 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 to the registered but unrecognized
political parties. For the purpose of this order a
candidate shall be deemed to be set up by a political party if, and only if:- (a) the
candidate has enclosed a declaration to that effect along with the nomination paper; (b) a notice
in writing to that effect has, not later than 3.00 P.M. on the last day of
withdrawal of candidatures, been delivered to the Returning Officer; (c) the said
notice is signed by the President, the secretary or any other office bearer of
the party and the President, Secretary or such other office bearer is
authorized by the party to send such notice; and (d) the
communication with regard to the name and specimen signature of such authorized
person are delivered to the Returning Officer of the Gram Panchayat or of
Panchayat Samiti and Zila Parishad not later than, 3.00 P.M. on the last day of
withdrawal of candidatures. Notwithstanding anything in this
Order, if the State Election Commission is satisfied on information in its
possession that a recognized political 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 of Guidance for Political Parties and Candidates as issued by
the State Election Commission from time to time or as amended by it from time
to time, or (b) to follow or carry out the lawful directions and instructions
of the State Election Commission given from time to time with a view to
furthering the conduct of free, fair and peaceful elections of safeguarding the
interests of the general public and the electorate in particular, the State
Election Commission may, after taking into account all the available facts and
circumstances of the case and after giving the party a reasonable opportunity
of showing cause in relation to the action proposed to be taken against it,
either suspend, subject to such terms as the State Election Commission may deem
appropriate, or withdraw the recognition of such party for the Municipal
elections. The State Election 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 make insufficient provision, and provision is in the opinion of the State
Election Commission necessary for the smooth and orderly conduct of elections. Particulars to be furnished by
the recognized political parties and registered but not recognized political
parties:- (a) the name
of the recognized political party or registered but not recognized political
party; (b) the place
at which its head office is situated; (c) the
address to which letters and other communications mean for it should be sent; (d) the names
of its President, Secretary, Treasurer and all other office bearers at the
national level and in Haryana; (e) the
numerical strength of its members and if there are categories of its members,
the numerical strength in each category; (f) the political
principles on which it is based; (g) the
policies, aims and the objects which it pursues or seeks to pursues; (h) its
programmers, functions and activities in Haryana for the purpose of carrying
out its political principles, policies, aims and objects; (i) the names
of the main organs (by whatever name called) of the recognized political party
or registered but not recognized political party, their functions and the names
of the Chairman (by whatever name called) on other members of such organs; (j) details
of the electoral performance of the recognized political party or registered
but not recognized political party in Haryana in the last ten years including
Assembly and Local Body elections; (k) whether
it is represented by any member or members in either House of Parliament or the
Haryana legislative Assembly or any Local Body in Haryana, if so the number of
such member or members; and (l) any other
particulars which the association or body may like to mention.THE HARYANA PANCHAYATI RAJ
ELECTION SYMBOLS (RESERVATION AND ALLOTMENT) ORDER, 1996
PREAMBLE