Section 31 in The M.P. Nagarpalika Nirvachan Niyam, 1994
31. Allotment of symbols for election.
(1)Where a poll becomes necessary the Returning Officer shall consider the choice of symbols expressed by the contesting candidates in their nomination papers and shall, subject to any general or special direction issued in this behalf by the Election Commission ;-(a)allot a different symbol to each contesting candidate in conformity, as far as practicable, with his choice :Provided that the choice shall be limited to three symbols only and the choice beyond this number shall be ignored; and(b)if more contesting candidates than one have indicated their preference for the same symbol, decide by lot, to which of such candidates, the symbol will be allotted;(c)not allot a symbol reserved for a recognised political party by the Election Commission of India under the Election Symbols (Reservation and Allotment) Order. 1968, to a candidate who has not been set-up by that party;(d)allot to a candidate set-up by a recognised political party only the symbol reserved for that party and no other symbol.(2)A candidate shall be deemed to be set-up by a recognised political party if and only if-(i)the candidate has made a declaration to that effect in his nomination paper; and(ii)a notice in writing to that effect has been delivered in Form 8, not later than 3.00 p.m. on the last day of withdrawal of candidature to the Returning Officer under the intimation to the District Election Officer; and(iii)the said notice is signed by an office-bearer of the District unit of the party authorised by the State Unit of the party to do so; and(iv)the name and specimen signature of such authorised office-bearer are communicated to the Returning Officer in Form 9 under intimation to the District Election Officer.[(2-A) If any condition of sub-rule (2) has not been fulfilled, the candidate shall be deemed not to have been set up by a recognised political party and the symbol reserved for such party shall not be allotted to him.] [Inserted by Notification No. 53-XVIII-III-95, dated 18-10-1995.](3)If more nomination papers than one are delivered by or on behalf of a candidate, the choice as to symbols made in the nomination paper first delivered, and no other choice as to symbols, shall be taken into consideration even if that nomination paper has been rejected :[Provided that if a candidate has not expressed any choice of symbols in the nomination paper first delivered in point of time, or has not been able to get a symbol of his choice, the Returning Officer shall allot a symbol to him in accordance with general or special directions issued by the Election Commission in this behalf.] [Inserted by Notification No. 53-XVIII-III-95, dated 18-10-1995.](4)The allotment by Returning Officer of any symbol to a candidate shall be final except where it is inconsistent with any direction issued by the Election Commission in this behalf, in which case the Election Commission may revise the allotment in such manner as it deems fit.(5)Every candidate or his election agent shall forthwith be informed of the symbol allotted to the candidate and be supplied with a specimen thereof by the Returning Officer.(6)The State Government may alter previous publication in the Official Gazette direct that nothing contained in clauses (c) and (d) of sub-rule (1) and sub-rule (2) shall apply to an election [x x x] [Omitted by Notification No. 53-XVIII-III-95, dated 18-10-1995.] and an election symbol reserved for any political party shall not be allotted to any candidate in such election.
