Tamil Nadu State Election Commission Elections to the Urban Local Bodies INSTRUCTIONS FOR ALLOTMENT OF SYMBOLS Booklet No.8 2011 for Office use only Instructions for Allotment of Symbols Elections to the Urban Local Bodies, 2011 Tamil Nadu State Election Commission Chennai – 600 106 Instructions for Allotment of Symbols © 2011 5,500 Copies Prepared, Published and DTP by: Tamil Nadu State Election Commission, 208/2, Jawaharlal Nehru Salai, (Opp. to CMBT) Arumbakkam, Chennai 600 106. Phone No. 044 - 2475 3001 - 3002 Fax No. 044 - 2475 3300 - 1870 E-mail ID : [email protected] Printed by : Government Central Press, Chennai 600 079. Instructions for Allotment of Symbols 1. Political Parties and Symbols 1.1 General. It has been realised out of experience, that a strong, vibrant democratic system of Government requires an effective party system. In the Panchayati Raj system, however, opinion is divided as to whether political parties should play a role or not. Though the various Urban Local Bodies Acts are silent about the role of political parties in panchayat administration, the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006 lay down that elections may also be held on party basis and that political parties may sponsor their candidates for such of those elections held on party basis. Under rules 31, 32 and 33 of the said Rules, the Tamil Nadu State Election Commission has to notify periodically as to which elections are to be held on party basis. The Tamil Nadu State Election Commission in its Statutory Order No.28/2011/TNSEC/ME-1, dated 14.09.2011 has notified that the following elections shall be held on Party basis:- (i) Members of Town Panchayats; (ii) Councillors of Municipalities and Municipal Corporations; (iii)Chairman of Town Panchayats and Municipalities; and (iv)Mayors of Municipal Corporations. The Tamil Nadu State Election Commission has issued the Tamil Nadu Local Bodies Election Symbols (Reservation and Allotment) Order, 2011, (herein after referred to as the “Order”) under rules 31, 32 and 33 of the aforesaid Urban Local Bodies Election Rules and the corresponding rules for the Panchayats Elections. The provisions of this symbol order are discussed in the following paragraphs. 1.2. Recognised Political Party for the purposes of Local Bodies elections in Tamil Nadu Every political party which has been recognised by the Election Commission of India as a National party or as a State party in the State of Tamil Nadu under the Election Symbols (Reservation and Allotment) Order, 1968 will be a recognised political party for the local body elections. 1.3. Registered - Unrecognised Political Party Every political party which had previously been recognised by the Election Commission of India as a National party under the Election Symbols (Reservation and Allotment) Order, 1968 and subsequently lost its status as a National party, every political party which has been recognised by the Election Commission of India as a State party in any State other than Tamil Nadu under the Election Symbols (Reservation and Allotment) Order, 1968 and every political party having its head office in the State of Tamil Nadu which is registered with the Election Commission of India but not recognised either as a National party or as a State party in Tamil Nadu by the Election Commission of India under the said Order will be a “Registered - Unrecognised political party” for the purpose of local body elections in Tamil Nadu. The list of such parties which are entitled for preference over independents in the matter of allotment of free symbols will be notified / communicated by the Commission from time to time. 2. Allotment of symbols and publication of final list of contesting candidates 2.1. Approved Election symbols-Candidates to choose symbols: The State Election Commission has issued an order called the Tamil Nadu Local Bodies Election Symbols (Reservation and Allotment) Order, 2011 to provide for specification, reservation, choice and allotment of symbols at the elections to local bodies, and for matters connected therewith. Notification of (i) the list of Recognised Political Parties and the symbols reserved for them, (ii) the list of registered - unrecognised political parties entitled for preference over independents in the matter of allotment of free symbols and (iii) the list/s of free symbols were issued by the State Election Commission in S.O.No.26/2011/TNSEC/EG-2, Dated, the 10 th September 2011 (Copy enclosed in Annexure II). The nomination form (Form-3) provides for the choice of three symbols by the candidates in the order of their preference. A copy of the Tamil Nadu Local Bodies Election Symbols (Reservation and Allotment) Order, 2011 is given in Annexure 1. 2.2. Forms A, B and C and allotment of Symbols: Before a candidate, set up by a political party (recognised / registered - unrecognised political party) be assigned a symbol, certain formalities have to be fulfilled by the candidate. First of all, the candidate should give a declaration along with his nomination paper in Form 'C' (which has been printed along with the Nomination form itself) that he has been set up at the election by a particular political party. This statement should be confirmed in writing in Form 'B' and Form 'A'. Forms A and B or Form B as the case may be, should reach the Returning Officer well before 3.00 p.m. of the last date for withdrawal of candidatures. According to para 8(2) (a) of the Symbol Order, the communication in Form A shall be signed by the President / the Secretary or any other office bearer who has been authorised by the party in this behalf to send such communication. Hence, it provides that where the notice in Form B is signed by any such office bearer authorised by the party, Form A need not be insisted upon. 2.3. Further points to be taken note of in the allotment of symbols to candidates sponsored by recognised political parties: 2.3.1. A candidate sponsored by a recognised political party shall choose and he will be allotted only the symbol exclusively reserved for that party. He will be allotted no other symbol. In view of this, such a candidate need not indicate in his nomination paper three symbols in the order of preference; but he should have opted for the symbol reserved for the party which has set him up as a candidate in the nomination papers filed by him/her or on his/her behalf. If a candidate has not claimed that reserved symbol in his nomination paper or has failed to fill up the declaration in Form 'C' or has failed to produce Form 'B' and Form 'A' or Form 'B' as the case may be, before the time allowed for withdrawal of candidature indicating that he had been set up by the particular political party, such a candidate should be treated only as an independent candidate. 2.3.2. It may be noted that the notices in Form A and Form B or Form B, as the case may be, must reach the Returning Officer not later than 3.00 p.m. on the last date for the withdrawal of candidatures. It shall be the responsibility of the candidate or the political party to ensure that the documents reach the Returning Officer in time. 2.3.3. Unless the Returning Officer is definitely informed in time by means of the prescribed Forms A and B or Form B as the case may be, as to who is the official candidate of that party, the Returning Officer should not allot the party symbol. In that case, the Returning Officer will have to treat such candidate as non-party candidate and allot free symbol. So also is the case of a substitute (dummy) candidate of a political party who refuses or fails to withdraw his nomination in time. 2.3.4. Political parties are, however, permitted to either cancel the authorisation in Form B given in favour of one candidate or change such authorisation by substituting the name of their candidate subject to following conditions, namely:- (a)subsequent authorisation cancelling or substituting the earlier authorisation in Form B is received by the Returning Officer not later than 3.00 p.m. of the last date for withdrawal of candidatures; (b)such subsequent authorisation in Form B is signed by the same person and is unambiguous and clearly shows that it either cancels or substitutes the earlier authorisation, as the case may be; (c) the Returning Officer is satisfied about the genuineness of subsequent authorisation; and (d)the candidate in whose favour subsequent authorisation has been given has already made a declaration in his nomination paper that he has been set up by the said political party. 2.3.5. If a political party submits authorisation in Form B in respect of more than one candidate, then the Returning Officer shall treat all such candidates as independents, unless the authorisation in respect of all candidates except one has been cancelled in the manner described in sub- para (a) above. 2.3.6. The Symbols Order does not recognise electoral alliances which are often entered into by political parties. Therefore, the Returning Officer should not allot the reserved symbol of a recognised political party to another recognised political party even with the consent of both the parties. The Returning Officer should be strictly guided by the provisions of paragraph 8 of the Symbols Order in all cases of allotment of symbols to candidates set up by political parties. 2.3.7. Where a candidate had not made a declaration in any of the nomination papers that he/she has been set up by a particular political party, he/she shall not be deemed to have been set up by that party even if that party gives the Returning Officer intimation to that effect in Forms A and B or Form B, as the case may be, and he/she shall not be allotted the symbol reserved, if any, for that party.