Election Symbols (Reservation and Allotment) Order, 1968

(Updated in 2024) (As amended by Noti. No. O. N. 44(E), dt. 11/03/2024 - Amendments in Paragraph 1(2), Paragraph 2(1)(i) and Paragraph 2(1)(jj)) [31st August, 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 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 c

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S.1 Short title, extent, application and commencement.--

(1) This Order may be called the Election Symbols (Reservation and Allotment) Order, 1968.

¹[(2) It extends to the whole of India and applies in relation to elections in all Parliamentary and Assembly Constituencies.]

(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.

S.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;

(c) "Constituency" means a parliamentary constituency or an assembly constituency;

(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;

¹[(ee) "form" means a form appended to 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

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S.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.

S.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.

S.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 therefore arises, political parties are either recognised political parties or unrecognised political parties.

(2) A recognised political party shall either be a National party or a State party.]

S.7 Conditions for recognition as a State party.--

A political party shall be eligible for recognition as a State party in a State, if, and only if, any of the following conditions is fulfilled:

(i) At the last general election to the Legislative Assembly of the State, the candidates set up by the party have secured not less than six per cent of the total valid votes polled in the State; and, in addition, the party has returned at least two members to the Legislative Assembly of that State at such general election; or

(ii) At the last general election to the House of the People from that State, the candidates set up by the party have secured not less than six per cent of the total valid votes polled in the State; and, in addition, the party has returned at least one member to the House of the People from that State at such general election; or

(iii) At the last general election to the Legislative Assembly of the State, the party has won at least three per cent of the total number of seats in the Legislative Asse

S.8 Conditions for recognition as a National party.--

A political party shall be eligible to be recognised as National party, if, and only if, any of the following conditions is fulfilled:

(i) The candidates set up by the party, in any four or more States, at the last general election to the House of the People, or to the Legislative Assembly of the State concerned, have secured not less than six per cent of the total valid votes polled in each of those States at that general election; and, in addition, it has returned at least four members to the House of the People at the aforesaid last general election from any State or States; or

(ii) At the last general election to the House of the People, the party has won at least two per cent of the total number of seats in the House of the People, any fraction exceeding half being counted as one; and the party's candidates have been elected to that House from not less than three States; or

(iii) The party is recognised as State party in at least four States.]

S.9 Conditions for continued recognition as a National or State party.--

(1) Notwithstanding anything in Paragraph 6-A and Paragraph 6-B, if a political party recognised as a State party or National party fails to fulfil the conditions of Paragraph 6-A or, as the case may be, Paragraph 6-B, at the next general election to the House of the People or, as the case may be, to the Legislative Assembly of the State, following the general election to the House/Assembly concerned on the basis of which it got recognition (hereinafter referred to as "the next election"), it shall continue to be treated as recognised State party or National party, as the case may be.

(2) If a recognised political party continues to be treated as recognised National party or State party after the next election to the House of the People or, as the case may be, to the Legislative Assembly of the State under the provisions of sub-paragraph (1), the question whether it shall further continue to be so recognised after any subsequent general election to the House of the People or,

S.10 Savings and Interpretation.--

²[(1) Notwithstanding anything contained in Paragraph 6-A, 6-B or 6-C, if any political party got recognised, whether before or after the commencement of the Election Symbols (Reservation and Allotment) (Amendment) Order, 2005, either as a National party or as a State party, on satisfying the conditions for such recognition as they existed prior to such commencement, the said party shall continue to have and enjoy the status of such National or State party for the purposes of the next general election to the House of the People or, as the case may be, to the Legislative Assembly of the State concerned, depending on the election(s) which formed the basis for such recognition, and its continued recognition as such National or State party shall thereafter be dependent upon fulfilment by it of the conditions now specified in Paragraph 6-A or 6-B, as the case may be:

Provided that nothing herein shall preclude the Commission from withdrawing the recognition of a party,

S.11 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.

S.12 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 fulfilment of the conditions specified in Paragraph 6-A, 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.)]

S.13 Concession to candidates set up by a State party at elections in other States or Union Territories.--

If a political party which is recognised 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 recognised 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 recognised State party, notwithstanding that such symbol is not specified in the list of free symbols for such other State or Union Territory, on the fulfilment 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

S.14 Concession to candidates set up by an unrecognised party which was earlier recognised as a National or State party.--

If a political party, which is unrecognised at present but was a recognised National or State party in any State or Union Territory not earlier than six years from the date of notification of the election, sets up a candidate at an election in a constituency in any State or Union territory, whether such party was earlier recognised in that State or Union Territory or not, then such candidate may, to the exclusion of all other candidates in the constituency, be allotted the symbol reserved earlier for that party when it was a recognised National or State party, notwithstanding that such symbol is not specified in the list of free symbols for such State or Union territory, on the fulfilment of each of the following conditions, namely--

(a) that an application is made to the Commission by the said party for the 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 t

S.15 Concession to candidates set up by registered (unrecognised) parties and to unrecognised parties which were earlier recognised parties more than 6 years back.--

"Subject to the provisions of clause (b) of subparagraph (3) of Paragraph 12, 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 5% (five per cent) of the assembly constituencies in the State, subject to a minimum of three 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 notificatio

S.16 Restrictions on the choice and allotment of symbols allotted under Paragraph 101[or Paragraph 10-A].--

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 ²[or Paragraph 10-A] 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 ³[or Paragraph 10-A] 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.

S.17 Choice of symbols by other candidates and allotment thereof.--

(1) Any candidate at an election in a constituency in any 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

²[(c) a candidate referred to in Paragraph 10 or Paragraph 10-A or Paragraph 10-B;]

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--

(a) if, of those several candidates, only one is a candidate set up by an unrecognised political party and all the rest are independent cand

S.18 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;

²[(aa) the candidate is a member of that political party and his name is borne on the rolls of members of the party;]

(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 authorised by the party to send such notice;

(d) the name and specimen signature of such authori

S.19 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 authorised 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 cand

S.20 Power of Commission to issue instructions to unrecognised political parties for their expeditious recognition on fulfilment of conditions specified in1[Paragraph 6-A or Paragraph 6-B].--

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 ²[fulfilled any of the conditions for such recognition specified in Paragraph 6-A or Paragraph 6-B].

S.21 Power of Commission in relation to splinter groups or rival sections of a recognised 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.

S.22 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 desire 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.

S.23 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) to 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 reasonable opportunity of showing cause in relation to the action proposed to

S.24 Notification containing lists of political parties and symbols.--

(1) The Commission shall by 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;

(bb) ¹[x x x x]

²[(c) the unrecognised political parties and the addresses of their headquarters registered with the Commission;] and

³[(d) the free symbols for each State and Union Territory.]

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

S.25 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

(c) in relation to any matter with respect to the reservation 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.

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1[Form A]

Communication with regard to Authorised Persons to intimate names of Candidates set up by recognised National or State Political party or Registered Unrecognised political party.

[See Paragraphs 13(c), (d) and (e) of the Election Symbols (Reservation and Allotment) Order, 1968]

To
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 Paragraphs 13(c), (d) and (e) of the Election Symbols (Reservation and Allotment) Order, 1968, I her

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1[Form B
NOTICE AS TO NAME OF CANDIDATE SET UP BY THE POLITICAL PARTY
[SEE PARAGRAPHS 13(B), (C) AND (E) AND 13-A 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.