Section 12 in Election Symbols (Reservation and Allotment) Order, 1968
12. [ Choice of symbols by other candidates and allotment thereof. [Substituted by Notification No. 56/2000/Judl.iii, dated 1.12.2000.]
(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-10A or paragraph-10B,]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 un-recognised political party and all the rest are independent candidates, the returning officer shall allot that free symbol to the candidate set up by the un-recognised political party, and to no one else; and, if, of those several candidates, two or more are set up by different un-recognised 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 un-recognised 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 un-recognised 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 un-recognised 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.]
