SYMBOLS

Clarification on setting up of a candidate of a recognized State Party in another State, in which it is not recognised.

Election Commission's massage No. 576/3/96-JUD.-II, dated 20th September 1996, addressed to Chief Electoral Officers of All State and Union Territories
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Subject :- Clarification of setting up of a candidate of a recognised state party in a State which it is not recognised.

A CLARIFICATION HAS BEEN SOUGHT WHETHER A CANDIDATE OF A RECOGNISED STATE PARTY (SAY, RECOGNISED IN ANDHRA PRADESH) SET UP IN ANOTHER STATE (SAY, UTTER PRADESH) IN WHICH IT IS NOT REPEAT NOT RECOGNISED AS STATE PARTY SHALL BE TREATED AS A CANDIDATE SET UP BY A RECOGNISED STATE PARTY FOR THE PURPOSES OF SECTION 33(1), 38(2) AND 52 OF THE REPRESENTATION OF THE PEOPLE ACT., 1951, AS AMENDED BY THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT., 1996(.)

2. IT IS HEREBY CLARIFIED THAT SUCH CANDIDATE SHALL BE TREATED AS HAVING BEEN SET UP ONLY BY A REGISTERED-UNRECOGNISED REPEAT REGISTERED-UNRECOGNISED POLITICAL PARTY FOR THE PURPOSE OF THE ABOVE SECTIONS(,) AS A PARTY RECOGNISED AS A STATE PARTY IN ONE STATE IN ONLY A REGISTERED-UNRECOGNISED POLITICAL PARTY IN ALL OTHER UNDER THE ELECTION SYMBOLS (RESERVATION AND ALLOTMENT) ORDER, 1968(.) IT IS FURTHER CLARIFIED THAT EVEN IF SUCH RECOGNISED PARTY ASKS FOR CONCESSION UNDER PARA 10 OF THE SYMBOL ORDER FOR USING ITS RESERVED SYMBOL IN ANOTHER STATE AND SUCH CONCESSION IN GRANTED BY COMMISSION(,) THE CANDIDATE SET UP BY THAT PARTY IN THE SAID OTHER STATE SHALL BE REGARDED AS HAVING BEEN SET UP ONLY BY A REGISTERED UNRECOGNISED POLITICAL PARTY FOR THE PURPOSE OF THE ABOVE-MENTIONED SECTIONS 33(1), 38(2) AND 52 OF THE REPRESENTATION OF THE PEOPLE ACT., 1951(.) ACCORDINGLY, THE NOMINATION PAPERS OF SUCH CANDIDATES SHOULD BE SUBSCRIBED BY TEN ELECTORS AS PROPOSERS AND NAMES OF SUCH CANDIDATES SHOULD BE SHOWN UNDER CATEGORY(II) IN FORM 4 (LIST OF VALIDLY NOMINATED CANDIDATES) AND FORM 7A (LIST OF CONTESTING CANDIDATES)(.) ATTENTION IN THIS CONTEXT IS ALSO INVITED TO LEGAL POSITION AS CLARIFIED IN THE COMMISSION'S LETTER NO. 3/1/94/JS.II, DATED 5.12.1994, REPRODUCED AS ITEM 49 IN THE COMPENDIUM OF INSTRUCTIONS ON CONDUCT OF ELECTIONS, 1996(.).

3. A CLARIFICATION HAS ALSO BEEN SOUGHT THAT IF THE NOMINATIONS FILED BY BOTH THE MAIN AND SUBSTITUTE CANDIDATES OF A RECOGNISED NATIONAL/STATE PARTY ARE ACCEPTED AFTER SCRUTINY BY RETURNING OFFICER AND IF THE MAIN CANDIDATE WITHDRAWS HIS CANDIDATURE WITHIN(,) WHETHER IN SUCH CASE THE SUBSTITUTE CANDIDATE CAN BE CONSIDERED AS PARTY CANDIDATE AND THE PARTY'S RESERVED SYMBOL ALLOTTED TO HIM(.).

4. IT IS HEREBY CLARIFIED THAT SUCH SUBSTITUTE CANDIDATE SHALL BE TREATED AS HAVING BEEN DULY SET UP BY THE SAID PARTY AND ALLOTTED THE PARTY'S RESERVED SYMBOL IF THE FOLLOWING CONDITIONS ARE FULFILLED IN HIS CASE, NAMELY:-

(I) SUCH SUBSTITUTE CANDIDATE HAS MADE A DECLARATION IN ANY ONE OF HIS FOUR NOMINATION PAPERS (EVEN IF THAT PARTICULAR NOMINATION PAPER IS REJECTED ON ANY GROUND) THAT HE HAS BEEN SET UP BY THE SAID PARTY(,) AS REQUIRED UNDER PARA13(A) OF THE ELECTION SYMBOLS (RESERVATION AND ALLOTMENT) ORDER, 1968; AND

(II) THE NAME AND OTHER PARTICULARS OF SUCH SUBSTITUTE CANDIDATE ARE ALREADY FURNISHED BY THE PARTY CONCERNED IN COLUMNS (5) TO (7) OF FORM 'B' WHICH HAS BEEN DULY RECEIVED BY RETURNING OFFICER FROM THE SAID PARTY NOT LATER THAN 3 P.M. ON THE LAST DATE FOR MAKING NOMINATIONS(.)

5. INFORM IMMEDIATELY ALL RETURNING OFFICERS AND OTHER ELECTION AUTHORITIES CONCERNED OF THE ABOVE CLARIFICATIONS FOR THEIR INFORMATION AND GUIDANCE(.) THESE CLARIFICATIONS MAY ALSO BE BROUGHT TO NOTICE IMMEDIATELY OF ALL RECOGNISED PARTIES IN YOUR STATE AND GIVEN WIDE PUBLICITY(.)




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