Whereas the superintendence, direction and control of election to the Municipal Corporation of Delhi , are vested with the State Election Commissioner of NCT of Delhi, vide Section 7 of the Delhi Municipal Corporation Act, 1957.
And whereas it is necessary to provide for the choice and allotment of symbols to the contesting candidates sponsosred by political parties (National and State) and to the independent candidates for-the Municipal Corporation Elections in the National Capital Territory of Delhi.
Now, therefore, in exercise of the powers conferred under Section 7 of the Delhi Municipal Corporation Act 1957, (hereinafter referred to as the 'ACT') read with Rule 13 of the Delhi Municipal Corporation (Election of Councillors) Rules, 970 (hereinafter referred to as 'Rules') and all other provisions enabling it in this behalf and in supersession of its earlier Notification No.SEC/LAW/F.6/36/96/3214, dated 6th November, 1996, the State Election Commissioner of the National Capital Territory of Delhi, hereby makes the following order.
1. Short Title, Application and Commencement :-
This order may be called the Municipal Corporation of Delhi Election Symbols (Reservation and Allotment) Order, 2002. It extends to M.C.D. area under N.C. T. Delhi and applies in relation to election of Delhi Municipal Corporation to be held hereafter.
It shall come into force on the date of its publication in the Gazette of NCT of Delhi.
2. Definitions, Interpretations :-
- In this order unless the context otherwise requires, the words 'the Commission' means the State Election Commission of the National Capital Territory of Delhi.
- he 'ward' means a Municipal Corporation Ward of NCT of Delhi.
- National Party' means a party recognized by the Election Commission of India as such under section 29-A of the Representation of the People Act, 1951, to which a reserved symbol has been allotted for election to Lok Sabha/ Assembly Constituency in the NCT of Delhi by Election Commission of India.
- State Party' means a party recognised by the Election Commission of India in a State or States under section 29-A of the Representation of the People Act, 1951 to which a reserved symbol is allotted for election to Lok Sabha/ Assembly Constituency in that State or States.
- 'Act' means The Delhi Municipal Corporation Act, 1957.
- Rules' means Delhi Municipal Corporation (Election of Councillors) Rules, 1970.
3. Recognition of National and State Parties :-
- The National and the State Parties for National Capital Territory of Delhi as recognized for the time being by the Election commission of India in respect of election to Lok Sabha/Legisltative Assembly in the National Capital Territory of Delhi, under section 29-A of the Representation of the People Act, 1951 arid ''as per Symbol Order" of Election Commission of India dated 10th January, 2002 are hereby recognized as such by this Commission for purposes of elections to the Municipal Corporation of the National Capital Territory of Delhi to be held hereafter.
- The Commission hereby adopts for the 'National Parties' and for the 'State Parties; those very symbols which are reserved for these parties by the Election Commission of India and not any other symbol.
- The facsimiles of the symbols reerved for the National and State Parties for National Capital Territory of Delhi (in size and shape), as prescribed for elections to Lok Sabha/ Assembly in the National Capital Territory of Delhi by the Election Commission of India as well as those prescribed for other candidates (independents) are adopted and prescribed as such by this Commission for purposes of the elections of the Municipals Corporation of Delhi, to be held hereafter. The Names of such National Parties and State Parties and symbols prescribed for them are mentioned in Table-I & Table-II of Schedule-I annexed.
- A list of 'free symbols' to be chosen by other candidates (independents) have also been mentioned in Table-III in the Schedule-I.
4. Choice of Symbols by Candidates of National and State Parties and Allotment Thereof :-
- For every contested election of municipal Corporation of Delhi, a symbol shall be allotted to each contesting candidate in accordance with the provisions of the said Rules, this order and the instructions issued by the Commission from time to time in this regard.
- A candidate set up by a National Party at an election to a ward of Municipal Corporation of Delhi shall choose and shall be allotted, the symbol reserved for that party and no other symbol.
- If a candidate set up by a State party at an election to a ward and that party is not recognized in the National Capital Territory of Delhi, under the Representation of Peoples Act 1951 by Election Commission of India, intends to choose or chooses a symbol reserved for it in the State or State 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:
- That an application is made to the commission by the party for exclusive allotment of that symbol to the candidate set up by it, at an election to Delhi Municipal Corporation not later than 3.00 p.m. on the last day for filling of nominations.
- That in the opinion of the Commission, there is no reasonable ground for refusing the application for such allotment.
- In case of more than one state Party having the same 'reserve' symbol as per Election Commission of India's order chooses the 'reserve' symbol it shall be allotted to a candidate of a State Party by draw of lots and in no other manner. All or any other State Party whose candidate does not get the 'reserve' symbol as explained above shall be allotted a free symbol by the Retuning Officer in preference to the independent candidates.
- The candidates belong to unrecognized parties registered by Election Commission of India shall be treated as independent candidates for all purposes including number of proposers required and allotment of symbols. They shall not be given any preference over other independent candidates in allotment of free symbols.
- Any candidate at an election to a ward of the Municipal Corporation of Delhi other than a candidate set up by a national or state party 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' as per this order.
- Where any free symbols has been chosen by only one candidate at an election to a ward, the Returning Officer shall allot that symbol to that candidate and to no one else.
- Where the same 'free symbol' has been chosen by more than one candidates in a ward as a 'first preference; in the nomination papers of the candidates, the candidate who had filed his nomination paper first as per list of nomination, be allotted that free symbol and to no one else. The other candidates out of remaining free symbols may be allotted a free symbol as per their second choice given in the nomination paper and for remaining candidates, their third preference may be considered. If at any stage, it is found that all the free symbols upto third preference have already been allotted and the candidated next in line can not be allotted either or any symbol out of their three preferences, a symbol out of the left out symbols in the list of '.free symbols' shall be allotted to that candidate after obtaining his choice out of the left out 'free symbols'. If a candidate still insists to have a symbol out of his three preference only as given by him in his first nomination paper, allotted and he., refuses to give his choice for any other symbol left out in that ward, the Returning Officer shall allot him a 'free symbol' out of the remaining symbols and his decision in this context shall be final unless action of the Returning Officer is contrary to the foregoing directions.
5. Authorisation by National and State Parties for Allotment of Symbols :-
- For the purpose of this order, a candidate shall be deemed to have been setup by a political Party if and only if the candidate has made a declaration to that effect in the nomination paper filed by him/her.
- The candidate or substitute candidate has chosen only the 'reserved' symbol of his party in his nomination paper filed and no 'other symbol'.
- A notice in Form 'B' of setting up the candidate has been delivered not later than 3.00 P.M. on the last day of filling nomination; in writing, to the Returning Officer of the ward to which the candidate is contesting and State Election Commission of NCT Delhi by the party concerned.
- The above said notice is signed by a person authorized in Form' A' by the President or the Secretary of the party, in ink. Fascimile signatures shall not be accepted. Similarly fax, photostat, cyclostyle 3 copy of such forms i.e. (form A & B) are also acceptable if the same is signed by the authorized person of the National State Political Party in ink/ball pen.
- The name and specimen signature of such authorized person of Form A are communicated to the Returning Officer concerned and the State Election Commission of the NCT Delhi not later than 3.00 P.M. on the last date fixed for filing nominations.
- Any subsequent authorization by a National or State Party cancelling or substituting the earlier authorization in Form 'B' shall be sent to the Returning Officer concerned including State Election ( Commission of NCT Delhi also so as to be received by the Commission/concerned Returning Officer not later than 3.00 P.M. on the last date for making nomination. Such subsequent authorization in Form 'B' is signed by the authorized Office bearer whose name has been duly intimated in Form 'A' and is unambiguous and clearly showing that it either cancels or substitutes the earlier authorization, as the case may be.
- If more than one notice in From 'B' is received by the Returning Officer/Commission in respect of two or more candidates in a ward from the same political party and that political party fails to indicate in such notices From ,'B' that one of these notices is cancelled or supersedes all other previous notices, the Returning Officer shall accept the notice in Form' B' in. respect of that candidate whose Nomination Paper was first delivered to him, and the remaining candidates in. respect of whom also notices in Form' B' have been received by him, shall not be treated as candidates set up by such political party and their nomination(s) shall also be rejected.
- Form' A' and 'B', as applicable, are prescribed as in Schedule-II with this order.
6. Power of Commission to Issue Instructions and Directions :-
The Commission may issue instructions and directions:--
- for the clarification of any of the provisions of this order.
- for the removal of any diffuculty which may arise in relation to the implementation of any such provisions, and
- 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 provisions or makes insufficient provision and provision is in the opinion of the Commission necessary for the smooth and orderly conduct of elections.