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Manual of Election Law_Volume II - Home: Chief Electoral Officer ...

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51<br />

5. Symbols for elections in parliamentary and assembly constituencies.--(1) The <strong>Election</strong><br />

Commission shall, by notification in the Gazette <strong>of</strong> India, and in the Official Gazette <strong>of</strong> each State, specify<br />

the symbols that may be chosen by candidates at elections in parliamentary or assembly constituencies and the<br />

restrictions to which their choice shall be subject.<br />

(2) 1 [Subject to any general or special direction issued by the <strong>Election</strong> Commission either under subrule<br />

(4) or sub-rule (5) <strong>of</strong> rule 10, where at any such election], more nomination papers than one are delivered<br />

by or on behalf <strong>of</strong> a candidate, the declaration as to symbols made in the nomination paper first delivered,<br />

and no other declaration as to symbols, shall be taken into consideration under rule 10 even if that<br />

nomination paper has been rejected.<br />

6. Authentication <strong>of</strong> certificates issued by the <strong>Election</strong> Commission.—A certificate issued by<br />

the <strong>Election</strong> Commission under 2 [sub-section (2) <strong>of</strong> section 9] or under sub-section (3) <strong>of</strong> section 33 shall be<br />

signed by the Secretary to the <strong>Election</strong> Commission and shall bear its <strong>of</strong>ficial seal.<br />

7. Notice <strong>of</strong> nominations.—The notice <strong>of</strong> nominations under section 35 shall be in such one <strong>of</strong> the<br />

Forms 3A to 3C as may be appropriate.<br />

3 [8. List <strong>of</strong> validly nominated candidates.—(1) The list <strong>of</strong> validly nominated candidates referred to<br />

in sub-section (8) <strong>of</strong> section 36 shall be in Form 4.<br />

(2) The name <strong>of</strong> every such candidate shall be shown in said list as it appears in his nomination paper:<br />

Provided that if a candidate considers that his name is incorrectly spelt or is otherwise incorrectly<br />

shown in his nomination paper or is different from the name by which he is popularly known, he may, at any<br />

time before the list <strong>of</strong> contesting candidates is prepared furnish in writing to the returning <strong>of</strong>ficer the proper<br />

form and spelling <strong>of</strong> his name and the returning <strong>of</strong>ficer shall, on being satisfied as to the genuineness <strong>of</strong> the<br />

request, make the necessary correction or alteration in the list in Form 4 and adopt that form and spelling<br />

in the list <strong>of</strong> contesting candidates.]<br />

9. Notice <strong>of</strong> withdrawal <strong>of</strong> candidature.—(1) A notice <strong>of</strong> withdrawal <strong>of</strong> candidature under sub-section<br />

(1) <strong>of</strong> section 37 shall be in Form 5 and shall contain the particulars set out therein; and on receipt <strong>of</strong> such<br />

notice, the returning <strong>of</strong>ficer shall note thereon the date and time at which it was delivered.<br />

(2) The notice under sub-section (3) <strong>of</strong> section 37 shall be in Form 6.<br />

10. Preparation <strong>of</strong> list <strong>of</strong> contesting candidates.—(1) The list <strong>of</strong> contesting candidates referred to<br />

in sub-section (1) <strong>of</strong> section 38 shall be in Form 7A or Form 7B as may be appropriate and shall contain the<br />

particulars set out therein and shall be prepared in such language or languages as the <strong>Election</strong> Commission may<br />

direct.<br />

4 * * * * *<br />

(3) If the list is prepared in more languages than one, the names <strong>of</strong> candidates therein shall be arranged<br />

alphabetically according to the script <strong>of</strong> such one <strong>of</strong> those languages as the <strong>Election</strong> Commission may direct.<br />

__________________________________________________________________________________________<br />

1. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971, for certain words.<br />

2. Subs. by Notifn. No. S.O. 1542, dated the 25th April, 1967, for certain words.<br />

3. Subs. by Notifn. No. S.O. 3450, dated the 9th November, 1966, for rule 8.<br />

4. Sub-rule (2) omitted by Notifn. No. S.O. 3662, dated the 12th October, 1964.

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