Election Symbols (Reservation and Allotment) Order, 1968.

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N o . 4 9 Poudouchéry Mardi 23 Juillet 2013 (1 Sravana 1935)

No. Puducherry Tuesday 23rd July 2013

GOVERNMENT OF PUDUCHERRY

ELECTIONS DEPARTMENT

No. E.21/2013-325.

Puducherry, the 19th July 2013.

The Notification No. 56/2013/PPS-II, dated 10-7-2013 of Election Commission

of India, New Delhi is republished for information of the public.

CHIEF ELECTORAL OFFICER.

[ 589 ]LA GAZETTE DE L'ETAT [ PART-I 590 590

ELECTION COMMISSION OF INDIA

Nirvachan Sadan,

Ashoka Road,

New Delhi-110 001.

No. 56/2013/PPS-II. Dated the 10th July, 2013/

19 Asadha, 1935 (Saka).

NOTIFICATION

In exercise of the powers conferred by Article 324 of the Constitution of India read with rules 5 and 10 of the Conduct of Elections Rules, 1961, the Election Commission of India hereby makes the following order to further amend the Election Symbols (Reservation and Allotment) Order, 1968, namely:—

1. Short title and commencement.— (i) This order shall be called the Election Symbols (Reservation and Allotment) (Amendment) Order, 2013.

(ii) It shall come into force with effect from 15th July, 2013.

2. Substitution of paragraph 10B.— In the Election Symbols (Reservation and Allotment) Order, 1968, for the existing paragraph 10B, the following paragraph shall be substituted, namely:—

"10B - Concession to candidates set up by registered (unrecognised) parties and to unrecognised parties which were earlier recognised parties more than 6 years back.

The candidates set up by a registered unrecognised 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, subject to fulfilment of the following conditions:—

(A) At a general election to the Legislative Assembly—

(i) The party sets up candidates at least in 10% (ten per cent.) of the assembly constituencies in the State, subject to a minimum of five constituencies in States having forty or less seats;

(ii) In the case of election on expiry of the normal term of the Legislative Assembly, the intimation with regard to its intention t o c o n t e s t e l e c t i o n u n d e r s u b - c l a u s e ( i ) i s g i v e n b y t h e party to the Commission at any time during the period commencing from the date six months prior to the date of expiry of the term of the Assembly and latest by five clear days before the date on which the notification (or the first of the notifications in the case of a phased election) of the election is scheduled to be issued;

(iii) In the case of dissolution of the Legislative Assembly before the expiration of its normal term, the intimation with regard to its intention under sub-clause (i) is given by the party to the Commission at any time from the date of dissolution of the Legislative Assembly and latest by five clear days before the date on which the notification (or the first of the notifications in the case of a phased election) of the election is scheduled to be issued;

(iv) 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 under paragraph 17 of this order :

Provided that a party may, if it so desires, also propose three new symbols of their choice, with the names and clear design and drawings of symbol, in the order of preference, for allotment to its candidates, which the Commission may consider for allotment as its common symbol if there is, in its opinion, no objection in allotting such symbol:

Provided further that the symbols proposed by the parties shall have no resemblance to the existing reserved symbols or free symbols, nor shall have any religious or communal connotation or depict any bird or animal:

Provided also that no proposal for a new symbol shall be entertained by the Commission unless it is made at least three months before the date of expiry of term of the Assembly concerned, or within one month of the premature dissolution of the Assembly, as the case may be:

(v) 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 the Commission may consider appropriate.

(vi) The list containing the serial numbers and names of the constituencies where the party is setting up candidates is submitted to the Commission latest by 5 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 scheduled to be issued;

(B) At a general election to the House of the People —

(i) The party sets up candidates at least in 10% ( ten per cent.) 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 twenty parliamentary constituencies allotted to the State (except the States having only one seat);

(ii) In the case of election on expiry of the normal term of the House of the People, the intimation with regard to its intention to contest election under sub-clause (i) is given by the party to the Commission at any time during the period commencing from the date six months prior to the date of expiry of the term of the House of the People and latest by five clear days before the date on which the notification (or the first of the notifications in the case of a phased election) of the election is scheduled to be issued;

(iii) In the case of dissolution of the House of the People before the expiration of its normal term, the intimation with regard to its intention under sub-clause (i) is given by the party to theLA GAZETTE DE L'ETAT [ PART-I 592 592 Commission at any time from the date of dissolution of the House of the People and latest by five clear days before the date on which the notification (or the first of the notifications in the case of a phased election) of the election is scheduled to be issued;

(iv) 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 under paragraph 17 of this order :

Provided that a party may, if it so desires, also propose three new symbols of their choice, with the names and clear design and drawings of symbol, in the order of preference, for allotment to its candidates, which the Commission may consider for allotment as its common symbol if there is, in its opinion, no objection in allotting such symbol :

Provided further that the symbols proposed by the parties shall have no resemblance to the existing reserved symbols or free symbols, nor shall have any religious or communal connotation or depict any bird or animal :

Provided also that no proposal for a new symbol shall be entertained by the Commission unless it is made at least three months before the date of expiry of term of the House of the People, or within one month of the premature dissolution of the House, as the case may be :

(v) 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 the Commission may consider appropriate;

(vi) The list containing the serial numbers and names of the constituencies where the party is setting up candidates is submitted to the Commission latest by 5 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 scheduled to be issued.

Explanation — For the removal of doubt, it is hereby clarified that– (i) In cases where the period between the date of coming into force of this notification and the date of expiry of the term of a Legislative Assembly is less than six months, the provisions of this paragraph shall apply from the date this notification comes into force;

(ii) The concession of allotment of common symbol to the candidates of a registered unrecognised 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:

Provided that those parties which have already availed of the concession under paragraph 10B, as it existed prior to this notification, shall also be eligible to a one-time concession of common symbol as per the amended provisions of this paragraph;

(iii) The free 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;

(iv) Allotment of common symbol under this paragraph shall be done on 'first-come-first-served' basis :

Provided that if applications of two or more parties giving preference for the same symbol are received in the Commission on the same date, 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 :

Provided further that if out of the two or more such parties giving preference for the same symbol whose applications are received on the same date, one party is such that it has Member(s) elected to the House of the People or the Legislative Assembly of the State concerned on the symbol for which preference has been given by the party, then the symbol shall be allotted to that party to the exclusion of the other parties :

(v) 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;

(vi) Notwithstanding anything contained in paragraph 10A, a political party which was earlier a recognised 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 fulfilment of each of the conditions specified under clause(A) or (B), as the case may be, except the condition in sub-clause (iv) thereof."

(By order)

K.F. WILFRED, Principal Secretary to the Election Commission of India.

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