a candidate who is not recognized by any party
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Under which law are the political parties allotted symbols for contesting elections?According to the constitution, the superintendence, direction and control of all elections to the parliament as well as states assemblies are vested in the Election Commission of India (EC). Through the Election Symbols (Reservation and Allotment) Order, 1968, the EC provides for specification, reservation, choice and allotment of symbols in the elections.
How are parties allotted symbols? The 1968 order states that different symbols are to be allotted to candidates contesting in parliament as well as state assembly elections. For this purpose, symbols are classified as reserved and free. A reserved symbol is a symbol reserved for a recognised political party for exclusive allotment to the candidates put up by the party. Symbols other than the reserved ones are classified as free symbols. For this and other such issues, the EC classifies parties as recognised and unrecognized. A recognised political party is further classified as a national or state party.
How is a party recognized as state party?
A political party becomes eligible for recognition as a state party if in the last election to the state assembly the party has got 6% of the valid votes and at least two of its candidates was elected to the state’s assembly. Parties getting 3% of total seats or at least three MLAs elected —whichever is more —also get recognised as state parties.
Similarly, parties getting 6% of the valid votes in the last Lok Sabha election and getting at least one MP elected from the state or a party that has got one MP elected per 25 contesting candidates from the state will also get recognised as a state party. A party that had won 8% percent or higher of the valid votes in the last state or Lok Sabha election held in the state is also recognized as a state party
What are the conditions for recognition as national party?
To qualify as a national party, candidates of a party must get more than 6% of valid votes in the last state assembly or Lok Sabha election held in four or more states and in addition get at least four MPs elected from these states. Parties that have won at least 2% of the total seats in the Lok Sabha with candidates getting elected from at least three states also qualify as a national party. In addition, any party that is recognised as a state party in at least four states also qualifies as national party.
What are the rules followed while allotting symbols toparties?
A candidate set up by a national party at any election will be allotted the symbol reserved for the party. Similarly, a candidate of a party recognised as a state party in any particular state will be allotted the symbol reserved for that party in all constituencies in that state.
Can a state party be allotted its reserved symbol in astate in which it is not recognized?
Yes, if a political party recognised as a state party in some state or states, sets up a candidate in any other state or UT, it can be allotted the symbol reserved for it in its state of recognition provided that symbol is not reserved for any recognised state party in that state. It is, however, up to the EC to grant such permission if the commission doesn’t have a reasonable ground for refusing such application. Because of this law, the Samajwadi party cannot contest election in Andhra Pradesh on the cycle symbol, as it is reserved for TDP in that state.
What if a party loses its recognition?
A party that loses its recognition doesn’t lose its symbol immediately. A party that is unrecognised in the present election but was a recognised national or state party in not earlier than six years from the date of notification of the election can be allotted its reserved symbol. The extension in the use of symbol doesn’t mean the extension of other facilities provided to recognised parties like free time on Doordarshan/AIR, free supply of copies of electoral rolls and so on.
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What will happen in case of a split in a party?
In case of a split, it is up to the EC to decide which faction represents the original party. The decision of the commission is binding on all rival sections. It is to be noted that recognition should be given to a party only on the basis of its own performance in elections and not because it is a splinter group of some other recognised party.
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non participant
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