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State of Arunachal Pradesh - Section

Section 45 in Arunachal Pradesh Municipal Elections Act, 2009

45. Mention of symbol in nomination paper/ Allotment of symbol.

(1)Immediately after the expiry of the period within which candidates may withdraw their candidature under section 44, the Municipal Returning Officer shall forthwith consider the allotment of symbols in the prescribed manner to the independent and other candidates who have not withdrawn their candidature.
(2)For the purpose of election to the Municipalities in Arunachal Pradesh, the National Parties and State Parties for the Arunachal Pradesh, as are recognized for the time being by the Election Commission of India in the State of Arunachal Pradesh, shall be recognized as such by the State Election Commission. The Commission shall also adopt free symbols as have been notified by the Election Commission of India for the time being in respect of elections of Lok Sabha/Legislative Assembly in the State of Arunachal Pradesh. The commissioner shall recognize the parties and adopt symbols subject to the following conditions, namely :
(a)The National Parties and the State parties recognized by the Election Commission of India shall be recognized under the very same name by the Commission.
(b)The National Parties and the State Parties recognized by the Election Commission of India shall use only those very symbols which are reserved for them by the Election Commission of India and not any other symbol.
(c)The facsimiles of the symbols thus allowed shall not be different from the facsimiles prescribed and recognized by the Election Commission of India.
Provided that such a political party can set up only one candidate per ward.Provided further that ticket issued earlier shall prevail unless it is specifically rescinded, revoked, cancelled or withdrawn by such a political party before the commencement of scrutiny of nomination papers.
(3)The Election Commissioner shall specify by notification in the official Gazette, the symbols that may be chosen by independent and other candidates and the restrictions to which their choice shall be subject.
(4)In the nomination paper, a candidate other than a candidate of a recognized political party, shall mention three symbols as his first preference, second preference and third preference, and a candidate a recognized political party shall mention the symbol reserved for such political party.
(5)The Municipal Returning Officer shall consider the choice of symbols expressed by the independent and other contesting candidates in their nomination papers subject to any general or special directions issued in this behalf by the State Election Commission and shall
(a)allot a different symbol to each contesting candidate in conformity, as far as practicable, with his choice; and
(b)if more contesting candidates than one have indicated their preference for the same symbol, decide by lot (including computerized random draw) to which of such candidate the symbol will be allotted.
(6)The allotment by the Municipal Returning Officer of any symbol to a candidate shall be final except where it is inconsistent with any directions issued by the State Election Commission in this behalf in which case the State Election Commission may revise the allotment in such manner as it thinks fit.