Union of India - Act
Election Symbols (Reservation and Allotment) Order, 1968
UNION OF INDIA
India
India
Election Symbols (Reservation and Allotment) Order, 1968
Rule ELECTION-SYMBOLS-RESERVATION-AND-ALLOTMENT-ORDER-1968 of 1968
- Published on 31 August 1968
- Commenced on 31 August 1968
- [This is the version of this document from 31 August 1968.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent, application and commencement.
2. Definitions and interpretation.
3. [ [Paragraph 3 omitted by Notification No. O.N.21(E), dated 23.3.1992 (w.e.f. 25.3.1992)]
* * * ]4. Allotment of symbols.
- 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 at an election in the same constituency.5. Classification of symbols.
6. [ Classification of political parties. [Substituted by Notification No. 56/2000/Judl.iii, dated 01.12.2000.]
6A. [ Conditions for recognition as a State Party. [Substituted by Notification No. 56/20 05 /Judl.iii, dated 14.05.2005.]
- A political party shall be eligible for recognition as a State party in a State, if, and only if, any of the following conditions is fulfilled:6B. Conditions for recognition as a National Party.
- A political party shall be eligible to be recognized as National party, if, and only if, any of the following conditions is fulfilled:6C. Conditions for continued recognition as a National or State party.
- If a political party is recognised as a State party under paragraph 6A, or as a National party under paragraph 6B, the question whether it shall continue to be so recognised after any subsequent general election to the House of the People or, as the case may be, to the Legislative Assembly of the State concerned, shall be dependent upon the fulfillment by it of the conditions specified in the said paragraphs on the results of that general election.]7. [ Savings and Interpretation. [Substituted by Notification No. 56/2000/Judl.iii, dated 01.12.2000.]
- [(1) Notwithstanding anything contained in paragraph 6A, 6B or 6C, if any political party got recognized, whether before or after the commencement of the Election Symbols (Reservation and Allotment) (Amendment) Order, 2005, either as a National Party or as a State party, on satisfying the conditions for such recognition as they existed prior to such commencement, the said party shall continue to have and enjoy the status of such National or State party for the purposes of the next general election to the House of the People or, as the case may be, to the Legislative Assembly of the State concerned, depending on the election(s) which formed the basis for such recognition, and its continued recognition as such National or State party shall thereafter be dependent upon fulfillment by it of the conditions now specified in paragraph 6A or 6B, as the case may be:Provided that nothing herein shall preclude the Commission from withdrawing the recognition of a party, either as a National Party or as a State Party, if it failed to satisfy any of the conditions for such recognition as they existed prior to, and also after, the commencement of the Election Symbols (Reservation and Allotment) (Amendment) Order, 2005.]8. Choice of symbols by candidates of National and State Parties and allotment thereof.
9. [ Restriction on the allotment of Symbols reserved for State Parties in States where such parties are not recognised. [Substituted by Notification No. 56/97/Judl.iii, dated 15.12.1997.]
- A symbol reserved for a State Party in any State -10. [ Concession to candidates set up by a State Party at elections in other States or Union Territories. [Substituted by Notification No. 56/99/ Judl.iii, dated 8.6.1999.]
- If a political party which is recognised as a State Party in some State or States, sets up a candidate at an election in a constituency in any other State or Union Territory in which it is not a recognised State party, then such candidate may, to the exclusion of all other candidates in the constituency, 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 other State or Union Territory, on the fulfillment of each of the following conditions, namely :-10A. [ Concession to candidates set up by an un-recognised party which was earlier recognised as a National or State party. [Inserted by Notification No. 56/2000/Judl.iii, dated 1.12.2000.]
- If a political party, which is un-recognised at present but was a recognised National or State party in any State or Union territory not earlier than six years from the date of notification of the election, sets up a candidate at an election in a constituency in any State or Union territory, whether such party was earlier recognised in that State or Union territory or not, then such candidate may, to the exclusion of all other candidates in the constituency, be allotted the symbol reserved earlier for that party when it was a recognised National or State party, notwithstanding that such symbol is not specified in the list of free symbols for such State or Union territory, on the fulfillment of each of the following conditions, namely:-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 :-11. Restrictions on the choice and allotment of symbols allotted under paragraph 10 [or paragraph 10A] [inserted by Notification No. 56/2000/Judl.iii, dated 1.12.2000.].
- Notwithstanding anything contained in any of the foregoing provisions where elections are held simultaneously in a parliamentary constituency and in the assembly constituencies comprised in such parliamentary constituency, then -12. [ Choice of symbols by other candidates and allotment thereof. [Substituted by Notification No. 56/2000/Judl.iii, dated 1.12.2000.]
13. [ When a candidate shall be deemed to be set up by a political party. [Substituted by Notification No. 56/99/Judl.iii, dated 20.05.1999.]
- For the purposes of an election from any parliamentary or assembly constituency to which this Order applies, a candidate shall be deemed to be set up by a political party in any such parliamentary or assembly constituency, if, and only if,-13A. [ Substitution of a candidate by a political party. [Inserted by Notification No. 56/99/Judl.iii, dated 20.05.1999.]
- For the removal of any doubt, it is hereby clarified that a political party which has given a notice in Form B under paragraph 13 in favour of a candidate may rescind that notice and may give a revised notice in Form B in favour of another candidate for the constituency:Provided that the revised notice in Form B, clearly indicating therein that the earlier notice in Form B has been rescinded, reaches the Returning Officer of the constituency, not later than 3 p.m. on the last date for making nominations, and the said revised notice in Form B is signed by the authorised person referred to in clause (d) of paragraph 13:Provided further that in case more than one notice in Form B is received by the Returning Officer in respect of two or more candidates, and the political party fails to indicate in such notices in Form B that the earlier notice or notices in Form B, has or have been rescinded, the Returning Officer shall accept the notice in Form B in respect of the candidate whose nomination paper was first delivered to him, and the remaining candidate or candidates in respect of whom also notice or notices in Form B has or have been received by him, shall not be treated as candidates set up by such political party.]14. Power of Commission to issue instructions to un-recognised political parties for their expeditious recognition on fulfillment of conditions specified in [paragraph 6A or paragraph 6B] [Substituted by Notification No. 56/20 00/Judl.iii, dated 1.12.2000.].
- The Commission may issue for the benefit of un-recognised political parties such instructions as it may think necessary for their expeditious recognition when they have [fulfilled any of the conditions for such recognition specified in paragraph 6A or paragraph 6B] [Substituted by Notification No. 56/20 00/Judl.iii, dated 1.12.2000.].15. Power of Commission in relation to splinter groups or rival sections of a recognised political party.
- When the Commission is satisfied on information in its possession that there are rival sections or groups of a recognised political party each of whom claims to be that party, the Commission may, after taking into account all the available facts and circumstances of the case and hearing such representatives of the sections or groups and other persons as desire to be heard, decide that one such rival section or group or none of such rival sections or groups is that recognised political party and the decision of the Commission shall be binding on all such rival sections or groups.16. Power of Commission in case of amalgamation of two or more political parties.
16A. [ Power of Commission to suspend or withdraw recognition of a recognised political party for its failure to observe Model Code of Conduct or follow lawful directions and instructions of the Commission. [Inserted by Election Commission's Notification O.N. 42[E], dated 18.02.1994.]
- Notwithstanding anything in this Order, if the Commission is satisfied on information in its possession that a political party, recognised either as a National party or as a State 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 for Guidance of Political Parties and Candidates' as issued by the Commission in January, 1991 or as amended by it from time to time, or (b) to follow or carry out the lawful directions and instructions of the Commission given from time to time with a view to furthering the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and the electorate in particular, the Commission may, after taking into account all the available facts and circumstances of the case and after giving the party reasonable opportunity of showing cause in relation to the action proposed to be taken against it, either suspend, subject to such terms as the Commission may deem appropriate, or withdraw the recognition of such party as the National Party or, as the case may be, the State Party.]17. Notification containing lists of political parties and symbols.
18. Power of Commission to issue instructions and directions.
- The Commission, may issue instructions and directions-19. [ [Paragraph 19 omitted by Notification No. 56/99/Judl.iii, dated 8.06.1999.]
* * * ][Form A] [Inserted by Notification No. 56/97/Judl-III, dated 15.12.1997.]Communication with regard to Authorised Persons to intimate names of Candidates set up by recognised National or State Political party or Registered Un-Recognised political party.(See paragraph 13(c) , (d) and (e) of the Election Symbols(Reservation and Allotment) Order, 1968.)To1. The Chief Electoral Officer,
......................(State/Union Territory).2. The Returning Officer for the
.....................Constituency.Subject. - General Elections to ................ from ................ (State/Union Territory) - Allotment of Symbols - Authorisation of persons to intimate names of candidates.Sir,In pursuance of paragraph 13 (c), (d) and (e) of the Election Symbols (Reservation and Allotment) Order, 1968, I hereby communicate that the following person (s) has/have been authorised by the party, which is National Party/State Party in the State of ......................./ Registered Un-recognised Party to intimate the names of the candidates proposed to be set up by the party at the election cited above.| Name of personauthorised to send notice | Name of office held in the party | District(s)/area (s) constituency/constituencies in respect of which he has been authorised. |
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1. Specimen signatures of Shri .....................................................
2. Specimen signatures of Shri .....................................................
3. Specimen signatures of Shri .....................................................
2. Form must be signed in ink by the office bearer (s) mentioned above. No facsimile signature or signature by means of rubber stamp, etc., of any office bearer shall be accepted.
3. No form transmitted by fax shall be accepted.
[Form B] [Inserted by Notification No. 56/97/Judl-III, dated 15.12.1997]Notice as to Name of Candidate set up by the Political Party[See Paragraphs 13(B), (C) and (E) and 13a of the Election Symbols (Reservation and Allotment) Order 1968]ToThe Returning Officer for the.....................Constituency.Subject. - General/bye Election to ................ from ................ (Name of the Constituency) in ....................(State/Union Territory) - setting up of candidate.Sir,In pursuance of paragraphs 13 (b), (c) and (e) and 13A of the Election Symbols (Reservation and Allotment) Order, 1968, I hereby give notice on behalf of __________ (party)| Name of the Constituency | Name of the approved candidate | Father's/ Mother's/ Husband's name of approvedcandidate | Postal address of approved candidate | Name of the Substitute candidate who willstep-in on the approved candidate's nomination being rejected onscrutiny or on his withdrawing from the contest if substitutecandidate is still a contesting candidate | Father's/ Mother's/ Husband's name ofsubstitute candidate | Postal address of substitute candidate |
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