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
590
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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”
Government Central Press
Directorate of Stationery and Printing
Puducherry-9