SYMBOLS

Concessions to candidates set up by recognized State Parties (dt.03.10.1994).

Election Commission's Letter No. 56/Gen/94-J.S.-II Dated: 3rd October, 1994, addressed to all Recognised State Parties (as per list attached)
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Subject: Concessions to candidates set up by recognised State Parties at elections in other States under Para 10 of the Election Symbols (Reservation and Allotment) Order, 1968 - Regarding.

I am directed to say that a recognised State party may be granted concession by the Commission in the matter of allotment of symbol reserved for it in the State in which it is recognised as a State party to the candidates set up by it in another State in which it is not so recognised. This concession may be granted if each of the conditions specified in Para 10 of the Election Symbols (Reservation and Allotment) Order, 1968 is fulfilled. The said Para 10 is reproduced below for ready reference:-

"Concessions to candidates set up by State party at elections in other State. - If 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, intends to choose or chooses symbol reserved for it in the State or States in which it is a State Party, then such candidate shall be allotted that symbol to the exclusion of any other candidate, and no other symbol, on fulfillment of each of the following conditions, namely:-

(a) that an application is made to the Commission by the 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) if the block for the symbol is not already available, that there is sufficient time for preparing the block;

(c) that sufficient time is available to the Commission for sending intimation to the returning officer of the constituency on or before the last date for withdrawal of candidature;

(d) that in the opinion of the Commission there is no reasonable ground for refusing the application for such allotment.

2. It will be observed from the above that the concession under the said Para 10 may be granted by the Commission (1) to specific candidates set up by the said recognised State party, (2) in specified constituencies in the other State, and (3) the application for the purpose must be made by the party to the Commission not later than the third day after the publication in the Official Gazette of the notification calling the election in the said constituencies.

3. In the past, some recognised State parties were making omnibus requests for above concession in a State going to the polls without specifying the constituencies in which they were setting up their candidates. Such requests were not in conformity with the provisions of the above-referred Para 10 of the Election Symbols (Reservation and Allotment) Order, 1968.

4. The Commission hereby makes it unequivocally clear that such omnibus requests will not be hereafter entertained by it at any general election or bye-election to the House of the People or a State Legislative Assembly.

5. Accordingly, if any recognised State party hereafter intends to avail of the concession under the said Para 10 of the Election Symbols (Reservation and Allotment) Order, 1968, IT MUST SPECIFY IN ITS APPLICATION UNDER THE SAID PARA 10 THE NAME OR NAMES OF THE CONSTITUENCY OR CONSTITUENCIES IN WHICH IT IS SETTING UP ITS CANDIDATES IN RELATION TO WHOM SUCH CONCESSION IS SOUGHT. ANY OMNIBUS APPLICATION WILL BE STRAIGHTAWAY REJECTED.

6. It may also be clarified in this context that if any State party states in its application that it will set up its candidates in all constituencies in a State and seeks concession in respect of all such constituencies, any concession granted by the Commission on such misleading statement and understanding may be withdrawn by the Commission if the party does not set up or fails to set up its candidates in all the constituencies for any reason whatsoever. The allotment of symbol made to the party candidates in all other constituencies in pursuance of the above concession will be liable to be withdrawn and they may be allotted some other symbol from out of the list of free symbols for the State concerned.



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