The Haryana Panchayati Raj Election Symbols (Reservation and Allotment) Order, 2014

Published vide Notification No. SEC/3E-2/2014/314 dated 13th March, 2014

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No. SEC/3E-II/2014/314. - Whereas, the superintendence, direction and control of all elections to Panchayati Raj Institutions in the State are vested in the State Election Commission by the Constitution of India and the Haryana Panchayati Raj Act, 1994 (Haryana Act No. 11 of 1994).

And whereas, it is necessary and expedient to provide in the interest of purity of elections to Panchayati Raj Institutions in the State of Haryana and in the interest of 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 under article 243K of the Constitution of India, section 212 of the Haryana Panchayati Raj Act, 1994 (Haryana Act No.11 of 1994), and rule 33 of the Haryana Panchayati Raj (Election) Rules, 1994 and all other powers enabling it in this behalf, the State Election Commission, Haryana hereby makes the following Order:-

Short title, extent, application and commencement.- (1) This Order may be called the Haryana Panchayati Raj Election Symbols (Reservation and Allotment) Order, 2014.

(2) It shall extend to the whole of the State of Haryana in relation to elections in Panchayati Raj Institutions.

(3) It shall come into force on the date of its publication in the Haryana Government Gazette, which date hereinafter referred to be the date of commencement of this Order.

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

(a) "Act" means the Haryana Panchayati Raj Act, 1994;

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

(c) "contested election" means an election to Panchayati Raj Institutions i.e. Gram Panchayat, Panchayat Samiti and Zila Parishad ward where a poll is taken;

(d) "election" means an election to fill a seat or seats of Panch, Sarpanch, Member Panchayat Samiti & Zila Parishad to which this Order applies;

(e) "Form" means a form appended to this Order;

(f) "National party" means and includes every political party which has been recognised by the Election Commission of India as a National Party under the Election Symbols (Reservation and Allotment) Order, 1968;

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

(h) "State party" means and includes every political party which has been recognised by the Election Commission of India as a State party in the State of Haryana under the Election Symbols (Reservation and Allotment) Order, 1968;

(i) "registered but un-recognised political party" means and includes every political party registered under section 29A of the Representation of the People Act, 1951 with the Election Commission of India, and head office of which is located in the State of Haryana ;

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

(k) "rules" mean the Haryana Panchayati Raj (Elections) Rules, 1994;

(l) "State Election Commission" means the State Election Commission, Haryana constituted under Article 243K and 243ZA of the Constitution of India vide Haryana Government, Development and Panchayat Department, Notification No. S.O.101/Const./Art. 243K/243ZA/93, dated the 18th November, 1993;

(m) "sub-paragraph" means a sub-paragraph of the paragraph in which the word occurs.

(n) "ward" means a ward for; Panch in a Gram Panchayat, Member in a Panchayat Samiti and Member in a Zila Parishad, formed under rule 4 of the Haryana Panchayati Raj (Election) Rules, 1994 for the purpose of election of Panch or Member; and

(o) words and expressions used but not defined in this order but defined in the Representation of the People Act, 1950, or the rules made thereunder or in the Representation of the People Act, 1951, or the rules made thereunder or the Haryana Panchayati Raj Act, 1994, and rules made thereunder, shall have the meaning respectively assigned to them in those Acts and rules.

(2) The Punjab General Clauses Act, 1898 (Punjab Act 1 of 1898) 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 Haryana Act.

Allotment of symbols.- In every contesting 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 ward.
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 by the Election of India under the Election Symbols (Reservation and Allotment) Order, 1968 for a recognised political party.

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

Notification by the State Election Commission containing lists of political parties and the symbols.- (1) The State Election Commission shall, by one or more notifications in the State Gazette, publish lists specifying-

(a) the National parties and the symbols, respectively reserved for them;

(b) the State parties for the State of Haryana and the symbols, respectively reserved for them ; and

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

Allotment of symbols in election for the office of Panches and Sarpanches.- (1) The election of the office of Panches and Sarpanches cannot be contested by any candidate on a symbol reserved for the political party and symbols shall be allotted to the contesting candidates seriatim-wise from the list of free symbols notified by the State Election Commission under para 5 (1) (C) above, as the case may be, in order of the list of contesting candidates prepared in Hindi in alphabetical order of Devnagri Script on the last day of withdrawal of nomination.

(2) Each candidate or his election agent shall be intimated the symbol allotted to him in writing, and signature obtained in token of having received that intimation. He shall also be given specimen copy of that symbol, along with the said information.

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 ward of Panchayat Samiti or Zila Parishad, 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 ward of the Panchayat Samiti or Zila Parishad, shall be allotted the symbol reserved for that party in the State of Haryana and no other symbol.

(3) A reserved symbol shall not be chosen by, or allotted to, any candidate in any ward of Panchayat Samiti or Zila Parishad 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 in the State of Haryana for whom such symbol has been reserved in the State of Haryana even if no candidate has been set up by such National or State party in that ward.

Choice of symbols by other candidates and allotment thereof.- (1) Any candidate of an election in a ward in any Panchayat Samiti or Zila Parishad other than-

(a) a candidate set up by a National party, or

(b) a candidate set up by State Party (recognised for the State of Haryana), or

shall choose and shall be allotted in accordance with the provisions hereinafter set out in this paragraph, one of the symbol specified as free symbol for that Panchayat Samiti or Zila Parishad by notification under paragraph 5.

(2) Where any free symbol has been chosen by only one candidate of 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 of such election, then -

(a) if, of those several candidates, only one is a candidate set up by a registered but unrecognized political party and the rest are independent candidates, the returning officer shall allot that free symbol to the candidate set up by the unrecognized political party, and to no one else and, if, of those several candidates, two or more are set up by different unrecognised political parties 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 unrecognized 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 the 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 Panchayat Samiti or Zila Parishad (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;

(b) if, of those several candidates, no one is set up by any unrecognised political party and all are independent candidates, but one of the independent candidates is or was, immediately before such election a sitting member of Panchayat Samiti or Zila Parishad, 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

(c) 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 candidates on whom the lot falls, and to no one else.

Provided that every independent candidate of Panchayat Samiti/Zila Parishad shall give in his/her nomination form, choice of three symbols in order of preference, from the list of free symbols published by the State Election Commission for these elections.

When a candidate shall be deemed to be set up by a political party.- For the purposes of this order, a candidate shall be deemed to be set up by a political party in any ward of the Panchayat Samiti or Zila Parishad, if, and only if, -

(a) the candidate has enclosed a declaration to that effect along with the nomination paper;

(b) the candidate is a member of that political party and his name is borne on the rolls of members of the party;

(c) a notice by the political party in writing, in Form B, to that effect has, not later than 3.00 P.M. on the last date for making nominations, been delivered to the Returning Officer of the ward;

(d) 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;

(e) the name and specimen signature of such authorised person are communicated by the party, in Form A, to the Returning Officer of the Panchayat Samiti or Zila Parishad not later than 3.00 P.M. on the last date for making nominations; and

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

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

Concession to candidates set up by a State party recognised for the States/Union Territories other than the State of Haryana.- If a political party which is recognised as a State party, in the State or Union Territory other than the State of Haryana, sets up a candidate at an election in a ward in any Panchayat Samiti or Zila Parishad in the State of Haryana, then such candidate may, to the exclusion of all other candidates in the ward, be allotted the symbol reserved for that party in the States or Union Territories in which it is a recognised State party, on the fulfilment of each of the following conditions, namely :-

(a) that an application is made to the State Election 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), (e) and (f) of paragraph 9 read with paragraph 11 in respect of such candidate ; and

(c) that in the opinion of the State Election Commission there is no reasonable ground for refusing the application for such allotment:

Provided that nothing contained in this paragraph shall apply to a candidate set up by the State party recognised for other State or Union Territory at an election in any ward of the Panchayat Samiti or Zila Parishad where the same symbol is already reserved for State party recognised for the State of Haryana.

Provided further that, if the symbol reserved for the said State party recognised for other State/ Union Territory by the Election Commission of India, is not available in the list of free symbols published by the State Election Commission, the party concerned shall make available the sketch/drawing, of symbol alongwith application to be submitted under sub para (a) of this paragraph.

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 9 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 ward:

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 ward, not later than 3.00 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 9:

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.

Preparation of list of validly nominated candidates.- (1) List of validly nominated candidates shall be prepared by the Returning Officer alphabetically in Hindi in Devnagari script as per the following Order:-

(a) name of the candidates set up by the recognised political party;

(b) name of candidates set up by the registered but un-recognised political party; and

Power of State Election Commission to debar the contesting candidate or to withdraw the reserved symbol of a recognized political party for its failure to observe Model Code of Conduct or to follow lawful directions and instructions of the State Election Commission.- Notwithstanding anything contained in this Order, if the State Election Commission is satisfied on information in its possession that a recognized political 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 State Election Commission or as amended by it from time to time, or

(b) to follow or carry out the lawful directions and instructions of the State Election Commission given from time to time with a view to furthering the conduct of free, fair and peaceful elections of safeguarding the interests of the general public and the electorate in particular, the State Election 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 debar the contesting candidate or to withdraw the reserved symbol of such party for such period as the State Election Commission may deem appropriate.

Provided that if a symbol of a contesting candidate set up by a political party has been withdrawn, he can contest election on a free symbol.

Power of State Election Commission to issue instructions and directions.- The State Election Commission may issue instructions and directions,-

(a) for the clarification of any of the provision 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 which this Order makes no provision or makes insufficient provision, and provision is in the opinion of the State Election Commission necessary for the smooth and orderly conduct of elections.

Repeal and savings.- The Haryana Panchayati Raj Election Symbols (Reservation and Allotment) Order, 1996, are hereby repealed:

Provided that any order made or action taken under the order so repealed shall be made or taken under the corresponding provisions of these orders.

Form-A

Communication with regard to Authorised Persons to Intimate names of candidates set up by Recognised National or State Political Party or Registered Un-Registered Political Party

[See paragraph 9]

The Returning Officer for the

_______________________Panchayat Samiti/Zila Parishad.

Subject: Elections to Member Panchayat Samiti or Zila Parishad ________________ -Allotment of Symbols-Authorisation of persons to intimate names of candidates.

Sir,

In pursuance of the Haryana Panchayati Raj Election Symbols (Reservation and Allotment) Order, 2013, 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 but 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 authorised to send notice	Name of office held in the party	Name of Panchayat Samiti or Zila Parishad and it's Ward No. in respect of which he has been authorised.
1	2	3
1.
2.
3.
4.
5.

The specimen signatures of the above mentioned person(s) so authorised are given below:-
Specimen signatures of Shri ____________________________________

(i)__________________________

(ii) _______________________

(iii)_________________________

Specimen signatures of Shri _______________________________________

(i) _______________________

(ii) _________________________

(iii) ______________________.

Specimen signatures of Shri _________________________________________

(i) __________________________

(ii) __________________________

(iii) _________________________.

Yours faithfully,

President/Secretary Name of the Party. (Seal)

Place:

Date:

N.B.

This must be delivered to the Returning Officer not later than 3.00 p.m. on the last date for making nominations.
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.
No form transmitted by fax shall be accepted.

Form B

Notice as to name of candidate set up by The Political Party

(See paragraph 9)

The Returning Officer for the

________________________ Panchayat Samiti or Zila Parishad.

Subject: Election to Elections to Member Panchayat Samiti or Zila Parishad ________________-Setting up of candidate.

Sir,

In pursuance of the Haryana Panchayati Raj Election Symbols (Reservation and Allotment) Order, 2013, 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 part above named, and

(ii) the person whose particulars are mentioned in columns (5) to (7) below is the substituted candidate of the party, who will step -up 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 and Ward No. of Panchayat Samiti or Zila Parishad

Name of the approved candidate

Father's/

Mother's/

Husband's

Name of approved candidate.

Postal address of approved candidate.

[Name of the substitute candidate who will step in (i) on the approved candidate's nomination being rejected on scrutiny, or (ii) on his (approved candidate) withdrawing from the contest if, however, the nomination paper of substitute candidate is accepted on scrutiny as an independent candidate, and he is still a contesting candidate.]

Father's/

Mother's/

Husband's name of substituted candidate.

Postal address of substituted candidate.

The notice in Form "B" given earlier in favour of Shri/Smt./Sushri _______________ as party's approved candidate/Shri/Smt./Sushri _________________ as Party's substituted candidate is hereby rescinded.
It is certified that each of the candidates whose name is mentioned above is a member of this political party and his name is duly borne on the rolls of members of this party.

Yours faithfully,

Place:

Date:

(Name and Signature of the Authorized person of the Party) (Seal of Party)

N.B.

This must be delivered to the Returning Officer not later than 3.00 p.m. on the last date for making nominations.

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.
No form transmitted by fax shall be accepted.
Para 2 of the Form must be scored off, if not applicable or must be properly filed, if applicable.

Dated Panchkula	Dharam Vir
the 13th March, 2014	State Election Commissioner, Haryana
Endst.No.SEC/3E-II/2014/ 315-502	Dated: 13.03.2014

A copy is forwarded to the following for information and necessary action :-

Chief Secretary to Government of Haryana, Chandigarh.
Financial Commissioner & Principal Secretary to Government of Haryana, Development & Panchayat Department, Chandigarh.
Divisional Commissioner, Ambala, Rohtak, Hisar and Gurgaon.
Director, Development and Panchayat, Haryana, Chandigarh.
All the Deputy Commissioners-cum-District Election Officers (Panchayat) in the State of Haryana. They are requested to circulate copy of this order to all the concerned.
Director, Public Relation Haryana, Chandigarh.
All the District Development and Panchayat Officers in the State of Haryana, Chandigarh.
All Block Development and Panchayat Officers in the State of Haryana.
All the recognized National parties and State Parties in Haryana.
The Controller, Printing and Stationery Department, Haryana for publication in the Haryana Government Gazette (Extraordinary) dated 13.03.2014. He is requested to supply 50 copies of the notification to the Commission for information and record.