THE ELECTION SYMBOLS

(RESERVATION AND ALLOTMENT) ORDER, 1968

An order to provide for specification, reservation, choice and allotment of symbols at elections in Parliamentary and Assembly Constituencies, for the recognition of political parties in relation thereto and for matters connected therewith.

S.O. 2959, dated the 31st August, 1968.- Whereas, the

superintendence, direction and control of all elections to Parliament

and to the Legislature of every State are vested by the Constitution

of India in the Election Commission of India.

AND WHEREAS, it is necessary and expedient to provide in the interest of purity of elections to the House of the People and the Legislative Assembly of every State and in the interest of the conduct of such elections in a fair and efficient manner, for the specification, reservation, choice and allotment of symbols for the recognition of political parties in relation thereto and for matters connected therewith.

NOW, THEREFORE, in exercise of the powers conferred by article 324 of the Constitution 1[read with section 29A of the Representation of the People Act, 1951 (43 of 1951) and rules 5 and 10] of the Conduct of Elections Rules, 1961, and all other powers enabling it in this behalf, the Election Commission of India hereby makes the following Order:-

1. Short title, extent, application and commencement.-(1) This Order may be called the Election Symbols (Reservation and Allotment) Order, 1968.

(2) It extends to the whole of India and applies in relation to election in all Parliamentary and Assembly Constituencies other than Assembly Constituencies in the State of Jammu and Kashmir.

(3) It shall come into force on the date of its publication in the Gazette of India which date is hereinafter referred to as the commencement of this Order.

2. Definitions and interpretation.-(1) In this Order, unless the context otherwise requires,-

(a) "clause" means a clause of the paragraph or sub-paragraph in which the word occurs;

(b) "Commission" means the Election Commission of India constituted under article 324 of the Constitution;

(d) "contested election" means an election in a parliamentary or an assembly constituency where a poll is taken;

(e) "election" means an election to which this Order applies;

2[(ee) "form" means a form appended in this Order;]

(f) "general election" means any general election held after the commencement of this Order for the purposes of constituting the House of the People or the Legislative Assembly of a State and includes a general election whereby the House of the People or the Legislative Assembly of a State in existence and functioning at such commencement, has been constituted;

(g) "paragraph" means a paragraph of this Order;

3[(h) "political party" means an association or body of individual citizens of India registered with the Commission as a political party under section 29A of the Representation of the People Act, 1951 (43 of 1951);]

___________________________________________________________

1. Subs. by Notifn No. O. N. 56(E), dated the 15th June, 1989.

2. Ins. by O.N. 121(E), dated the 15th December, 1997.

3. Subs. by Notifn No.S.O. 3001, dated the 10th September, 1970,

for cl.(h).

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2[(i) “State “ includes the National Capital Territory of Delhi and the Union Territory of Pondicherry.]

(j) "Sub-paragraph" means a sub-paragraph of the paragraph in which

the word occurs; and

2[(jj) “Union Territory” means Union Territory other than the National Capital Territory of Delhi and the Union Territory of Pondicherry.]

(k) Words and expressions used but not defined in this Order but

defined in the Representation of the People Act, 1950 (43 of 1950), or

the rules made there under or in the Representation of the People Act,

1951 (43 of 1951), or the rules made there under shall have the

meanings respectively assigned to them in those Acts and rules.

(2) The General Clauses Act, 1897 (10 of 1897) shall, as far as may

be, apply in relation to the interpretation of this Order as it

applies in relation to the interpretation of a Central Act.

1[* * * * *

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.-(1) For the purpose of this Order

symbols are either reserved or free.

(2) Save as otherwise provided in this Order, a reserved symbol is a

symbol which is reserved for a recognised political party for

exclusive allotment to contesting candidates set up by that party.

(3) A free symbol is a symbol other than a reserved symbol.

6. Classification of political parties.-(1) For the purposes of this

Order and for such other purposes as the Commission may specify as and

when necessity there for arises, political parties are either

recognised political parties or unrecognised political parties.

4[(2) A political party shall be treated as a recognised political

party in a State, if, and only if, either the conditions specified in

clause (A) are, or the condition specified in clause (B) is, fulfilled

by that party and not otherwise, that is to say:-

(A) that such party-

(a) has been engaged in political activity for a continuous period of

five years; and

(b) has, at the last general election in that State to the House of

the People, or, as the case may be, to the Legislative Assembly, of

the State, returned:-

either (i) at least one member to the House of the People for every

twenty-five members of that House or any fraction of that number

elected from that State;

or (ii) at least one member to the Legislative Assembly of that State

for every thirty members of that Assembly or any fraction of that

number;

(B) that the total number of valid votes polled by all the contesting

candidates set up by such party at the general election in the State

to the House of the People, or as the case may be, to the Legislative

Assembly of the State, is not less than six per cent. of the total

number of valid votes polled by all the contesting candidates at such

general election in the State.

(2A) Notwithstanding anything contained in clause (B) of sub-

paragraph (2), a political party shall be treated as a recognised

political party in a State, if, at the general election to the House

of the People or, as the case may be, to the Legislative Assembly of

the State, in existence and functioning at or immediately before the

commencement of the Election Symbols (Reservation and Allotment)

(Amendment) Order, 1997, the total number of valid votes polled by all

the contesting candidates set up by such party (but excluding the

valid votes of each such candidate in a constituency as has not been

elected and has not polled at least one-twelfth of the total valid

votes polled by all the contesting candidates in that constituency) is

not less than four per cent of the total number of valid votes

polled by all the contesting candidates at such general election in

that State (including the valid votes of those contesting candidates

who have forfeited their deposits).]

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1. Paragraph 3 omitted by Notifn. No. O.N. 21(E), dated the 23rd

March, 1992 (w.e.f. 25-3-1992).

2. Subs. by Notifn. No. O.N. 121(E), dated 15th December, 1997,

for sub-paragraph (2).

3. Subs. , Omitted and Inserted by O.N. 6(E), dated 8^th June, 1999.

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(3) For the removal of doubts it is hereby declared that the condition

in clause (A) or (B) of sub-paragraph (2) shall not be deemed to have

been fulfilled by a political party if a member of the House of the

People or the Legislative Assembly of the State becomes a member of

that political party after his election to that House or, as the case

may be, that Assembly.

1[7. Two categories of recognised political parties.-(1) If a

political party is treated as a recognised political party in

accordance with paragraph 6 in four or more States, it shall be known

as, and shall have and enjoy the status of, a "National Party"

throughout the whole of India, but only so long as that political

party continues to fulfill thereafter the conditions specified in

paragraph 6 for such recognition in four or more States on the results

of any subsequent general election either to the House of the People

or to the Legislative Assembly of any State.

(2) If a political party is treated as a recognised political party in

accordance with paragraph 6 in less than four States, it shall be known

as, and shall have and enjoy the status of, a "State Party" in the

State or States in which it is so recognised, but only so long as that

political party continues to fulfill thereafter the conditions

specified in paragraph 6 for such recognition as a State Party on the

results of any subsequent general election to the House of the People

or, as the case may be, to the Legislative Assembly of the State,

in the said State or States.]

2[Provided that if a political party is recognized as a State Party in any Union Territory, immediately before the commencement of the Election Symbols (Reservation and Allotment ) (Second Amendment) Order, 1999, it shall continue to be so recognized as such State Party only in that Union Territory and only for the purposes of the next general election to be held in that Union Territory to constitute the 13^th House of the People.]

8. Choice of symbols by candidates of National and State parties and

allotment thereof.-(1) A candidate set up by a National party at any

election in any constituency in India shall choose, and shall be

allotted, the symbol reserved for that party and no other symbol.

(2) A candidate set up by a State party at an election in any

constituency in a State in which such party is a State party, shall

choose, and shall be allotted the symbol reserved for that party in

that State and no other symbol.

(3) A reserved symbol shall not be chosen by, or allotted to, any

candidate in any constituency other than a candidate set up by a

National party for whom such symbol, has been reserved or a candidate

set up by a State party for whom such symbol has been reserved in the

State in which it is a State party even if no candidate has been set

up by such National or State party in that constituency.

1[9. Restriction on the allotment of Symbols reserved for State

parties in States where such parties are not recognised.-A symbol

reserved for a State party in any State-

2[(a) shall not be included in the list of free symbols for any other State or Union Territory, and]

(b) shall not be reserved for any other party which subsequently

becomes eligible, on fulfillment of the conditions specified in

paragraph 6, for recognition as a State party in any other State:

Provided that nothing contained in clause (b) shall apply in relation

to a political party, for which the Commission has, immediately before

the commencement of the Election Symbols (Reservation and Allotment)

(Amendment) Order, 1997, already reserved the same symbol which it has

also reserved for some other State party or parties in any other State

or States.]

2[ 10. Concession to candidates set up by a State Party at elections in other States or Union territories: If a political party which is recognized 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 recognized 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 recognized 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:-

(a) that an application is made to the Commission by the said party for exclusive allotment of that symbol to the candidate set up by it, not later than the third day after the publication in the Official Gazette of the notification calling the election;

(b) that the said candidate has made a declaration in his nomination paper that he has been set up by that party at the election and that the party has also fulfilled the requirements of clauses (b), (c),(d) and (e) of paragraph 13 read with paragraph 13A in respect of such candidate; and

Provided that nothing contained in this paragraph shall apply to a candidate set up by a State Party at an election in any constituency in a State in which that party is not a State Party and where the same symbol is already reserved for some other State Party in that State.]

______________________________________________________________________

1. Subs. by Notifn. No. O.N. 121(E), dated the 15th December,

1997.

2. Added & Subs. by O.N. 6(E), dated 8^th June, 1999

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11. Restrictions on the choice and allotment of symbols allotted

under paragraph 10.-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-

(a) if a symbol has been exclusively allotted under paragraph 10 to a

candidate set up by a political party at any election in the

parliamentary constituency, that symbol shall not be allotted to any

candidate at any election in any of the said Assembly constituencies

unless such candidate is a candidate set up by that political party; and

(b) if a symbol has been exclusively allotted under paragraph 10 to a

candidate set up by a political party at any election in any of the

said assembly constituencies, that symbol shall not be allotted to any

candidate at the election in the said parliamentary constituency

unless such candidate is a candidate set up by that political party.

1[12. Choice of symbols by other candidates and allotment thereof.-

2[(1) Any candidate at an election in a constituency in a State or Union Territory, other than-

(a) a candidate set up by a National Party; or

(b) a candidate set up by a political party which is a State party in that State; or

shall choose and shall be allotted in accordance with the provisions hereafter set out in this paragraph, one of the symbols specified as free symbols for that State or Union territory by notification under paragraph 17.]

(2) Where any free symbol has been chosen by only one candidate at

such election, the returning officer shall allot that symbol to that

candidate and to no one else.

(3) Where the same free symbol has been chosen by several candidates

at such election, then-

2[ (a) if of those several candidates, only one is a candidate set up by a political party, which is at present an unrecognized political party but which was recognized State Party in that State or Union territory not earlier than six years from the date of notification of such election, the Returning Officer shall allot that free symbol to the candidate set up by such unrecognized political party and to no one else;

and, if of those several candidates, two or more candidates are set up

by such unrecognised political parties, which previously were

recognised State parties in that State or Union territory, the Returning Officer shall decide by lot as to which of these two or more candidates set up by the said political parties that free symbol shall be allotted and allot that free symbol to the candidate on whom the lot falls and to no one else;]

(b) if of those several candidates, only one is a candidate set up by

an unrecognised political party and all the rest are independent

candidates, the Returning Officer shall allot that free symbol to the

candidate set up by the unrecognised political party and to no one

else and if of those several candidates, two or more are set up by

different unrecognised political parties [other than the parties

referred to in clause (a)] and the rest are independent candidates,

the returning officer shall decide by lot to which of the two or more

candidates set up by the different unrecognised political parties that

free symbol shall be allotted and allot that free symbol to the

candidate on whom the lot falls and to no one else:

Provided that where of two or more such candidates set up by such

different unrecognised political parties, only one is, or was,

immediately before such election, a sitting member of the House of the

People, or, as the case may be, of the Legislative Assembly

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1. Subs. by Notifn. No. O.N. 121(E), dated the 15th December,

1997.

2. Subs. by O.N.6(E), dated 8^th June, 1999. ____________________________________________________________________

(irrespective of the fact as to whether he was allotted that free

symbol or any other symbol at the previous election when he was chosen

as such member), the returning officer shall allot that free symbol to

that candidate and to no one else;

unrecognised political party but all are independent candidates and

one of the independent candidates is, or was immediately before such

election is sitting member of the House of the People, or as the case

may be, of the Legislative Assembly, and was allotted that free symbol

at the previous election when he was chosen as such member, the

returning officer shall allot that free symbol to that candidate and

to no one else; and

(d) if of those several candidates, being all independent candidates,

no one is or was a sitting member as aforesaid, the returning officer

shall decide by lot to which of those independent candidates that free

symbol shall be allotted and allot that free symbol to the candidate

on whom the lot falls and to no one else.]

1[13. When a candidate shall be deemed to be set up by a political party..- 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,-

(a) the candidate has made the prescribed declaration to this effect in his nomination paper;

(b) a notice by the political party in writing, in Form B, to that effect has, not later than 3 p.m. on the last date for making nominations, been delivered to the Returning Officer of the constituency;

(c) the said notice in Form B is signed by the President, the Secretary or any other office bearer of the party, and the President, Secretary or such other office bearer sending the notice has been authorized by the party to send such notice;

(d) the name and specimen signature of such authorized person are communicated by the party, in Form A, to the returning Officer of the constituency and to the Chief Electoral Officer of the 2[ State or Union Territory concerned, ] not later than 3 p.m. on the last date for making nominations; and

(e) Forms A and B are signed, in ink only, by the said office bearer or person authorized by the party:

Provided that no facsimile signature or signature by means of rubber stamp, etc., of any such office bearer or authorized person shall be accepted and no form transmitted by fax shall be accepted.]

1[13A. Substitution of a candidate by a political party :-

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 authorized 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 unrecognised

political parties for their expeditious recognition of fulfillment of

conditions specified in paragraph 6.- The Commission may issue for the

benefit of unrecognised political parties such instructions as it may

think necessary for their expeditious recognition when they have

fulfilled either of the conditions for such recognition specified in

sub-paragraph (2) of paragraph 6.

15. Power of Commission in relation to splinter groups or rival

sections of a recognized 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.

_____________________________________________________________________

1.Subs. and omitted by O.N.1(E), dated 20^th May,1999.

2.Subs. by O.N.6(E), dated 8^th June,1999.

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16. Power of Commission in case of amalgamation of two or more

political parties.-(1) When two or more political parties, one or some

or all of whom is a recognised political party or are recognised

political parties join together to form a new political party, the

Commission may, after taking into account all the facts and

circumstances of the case, hearing such representatives of the newly

formed party and other persons as desired to be heard and having

regard to the provisions of this Order, decide-

(a) whether such newly formed party should be a National party or a

State party; and

(b) the symbol to be allotted to it.

(2) The decision of the Commission under sub-paragraph (1) shall be

binding on the newly formed political party and all the component

units thereof.

1[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.-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) 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 a 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.-

(1) The Commission shall be one or more notifications in the Gazette

of India publish lists specifying-

(a) the National parties and the symbols respectively reserved for

them;

(b) the State parties, the State or States in which they are State

parties and the symbols respectively reserved for them in such State

or States;

2[(bb) subject to the proviso to sub-paragraph(2) of paragraph 7, the

State parties, recognized in the Union Territories, the Union territory in which they are State parties; and the symbols respectively reserved for them in such Union territories;

(c)the un-recognised political parties and the State or States or Union territory or Union territories in which they function; and

(d) the free symbols for each State and Union territory.]

(2) Every such list shall, as far as possible, be kept up-to-date.

18. Power of Commission to issue instructions and directions.-The

Commission may issue instructions and directions-

(a) for the clarification of any of the provisions of this Order;

(b) for the removal of any difficulty which may arise in relation to

the implementation of any such provisions; and

allotment of symbols and recognition of political parties, for which

this Order makes no provision or makes insufficient provision, and

provision is in the opinion of the Commission necessary for the smooth

and orderly conduct of elections.

2[****]

_________________________________________________________________

1. Ins. by Notifn. No. O.N. 42(E), dated 18th February, 1994.

2. Subs.& omitted by O.N. 6(E), dated 8^th June, 1999.

1[FORM A

Communication with regard to Authorised Persons to intimate name of

Candidates set up by recognised NATIONAL OR STATE political party or

REGISTERED UNRECOGNISED political party.

[See paragraph 13(c), (d) and (e)

of the Election Symbols (Reservation

and Allotment) Order, 1968]

1. 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 person Name of office held District(s)/area(s)

authorised to in the party constituency/

send notice constituencies

in respect of

which he has

been authorised

_________________________________________________________________

1 2 3

_________________________________________________________________

The specimen signatures of the above mentioned person(s) so

authorised are given below:-

1. Specimen signatures of Shri...........................

(i)......................(ii).........................

(iii)....................

2. Specimen signatures of Shri...........................

(i).....................(ii)..........................

(iii)...................

3. Specimen signatures of Shri...........................

(i).....................(ii)..........................

(iii)...................

Yours faithfully,

President/Secretary

Name of the Party

Place..............

Date............... (Seal of the Party)

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N.B.- 1. This must be delivered to the Returning Officer and the

Chief Electoral Officer not later than 3 p.m. on the last date for

making nominations.

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.

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1. Ins. by O.N. 121(E), dated the 15th December, 1997.

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1[FORM 'B'

Notice as to names 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]

The 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 paragraph 13(b),(c) and (e) and 13A of the Election Symbols

(Reservation and Allotment) Order, 1968, I hereby give notice on behalf of -----------(party)-

(i) that the person whose particulars are furnished in columns (2) to (4) below is the approved candidate of the party above named, and

(ii) the person whose particulars are mentioned in columns (5) to (7) below is the substitute candidate of the party, who will step-in on the approved candidate’s nomination being rejected on scrutiny or on his withdrawing from the contest, if the substitute candidate is still a contesting candidate, at the ensuing general/bye election from this constituency:

_________________________________________________________________

Name of the Name of the Father's/ Postal

Constituency approved mother's/ address

candidate husband,s of approved

name of candidate

approved

candidate

_________________________________________________________________

1 2 3 4

_________________________________________________________________

___________________________________________________________________

Name of the substi- Father's/ Postal address of

tute candidate who Mother's/ substitute candidate

will step-in on the Husband's

approved candidate's name of

nomination being substitute

rejected on scrutiny candidate

or on his withdrawing

from the contest if

substitute candidate

is still a contesting

candidate.

_________________________________________________________________

5 6 7

_________________________________________________________________

*2 The notice in Form ‘B’ given earlier in favour of Shri/Smt./Sushri----------------- as party’s approved candidate/Shri/Smt./Sushri------------------ as Party’s substitute candidate is hereby rescinded.

Yours faithfully,

(Name and Signature of the

Authorised person of the Party)

(Seal of the Party)

Place.............

Dated.............

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*Score off, if not applicable.

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NB.:-

1. This must be delivered to the Returning Officer not later than 3 P.M. on the date for making nominations.

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.

4. Para 2 of the Form must be scored off, if not applicable, or must be properly filled, if applicable.]

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1. Subs. by O.N. 1(E), dated 20^th May, 1999.

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