Section 10B in Election Symbols (Reservation and Allotment) Order, 1968
10B. [ Concession to candidates set up by newly registered (unrecognized) parties and to unrecognized parties which were earlier recognized parties more than 6 years back. [Inserted by Notification No. 56/2011/PPS - ii, dated 16.9.2011.]
- The candidates set up by a registered unrecognized 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 from the list of free symbols, subject to the fulfillment of the following conditions :-(A)At a general election to the Legislative Assembly-(i)The party sets up candidates at least in 10% (ten percent) of the assembly constituencies in the State, subject to a minimum of five constituencies in States having forty or less seats;(ii)The intimation with regard to the serial numbers and names of the constituencies concerned are intimated by the party to the Commission latest by three 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 to be issued ;(iii)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 for the election;(iv)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 may be permissible under the law for making a false declaration before the Commission.(B)At a general election to the House of the People -(i)The party sets up candidates at least in 10% (ten percent) of the parliamentary constituencies in the State, in which it seeks allotment of a common symbol to its candidates, subject to a minimum of two constituencies in States having less than five parliamentary constituencies allotted to the State;(ii)The intimation with regard to the serial numbers and names of the constituencies concerned are intimated by the party to the Commission latest by three 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 to be issued;(iii)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 for the election;(iv)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 may be permissible under the law for making a false declaration before the Commission.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 unrecognized party under this paragraph shall be only a one-time facility either at a general election to the House of the People or to a State Legislative Assembly, as the party may choose, and a party that has availed of this concession once shall not be eligible for the concession in any subsequent general election;(ii)the 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;(iii)if two or more parties give preference for the same symbol, 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;(iv)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;(v)notwithstanding anything contained in paragraph 10A, a political party which was earlier a recognized political party and which lost its recognition more than 6 years back will also be eligible under this paragraph to the one-time 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 fulfillment of each of the conditions specified under clause(A) or (B), as the case may be, except the condition in sub-clause (iii) thereof.]
