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.

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23 {

No.

49

Poudouchéry

Mardi

23

Juillet

2013 (1 Sravana 1935)

No.

Puducherry

Tuesday

23rd

July

2013

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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

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 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;

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(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 the

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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:

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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.

online publication at “http://styandptg.puducherry.gov.in”

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