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ELECTION SYMBOLS AN ANALYTICAL STUDY ON THE POWERS OF ELECTION

COMMISSION IN INDIA.

Certificate

Declaration

Acknowledgement

Abbreviation

Table of case

SI NO CONTENTS PAGE NO

Chapter 1
Introduction
1.1 Introduction

1.2 Significance.

1.3 Review of literature.

1.4 Objective of study 1-11


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1.5 Research problem

1.6 Hypotheses

1.7 Research methodology

1.8 Scope and Limitation.

1.9 Scheme of Study.

Chapter 2
Historical Background of the Election.
2.1 Introduction.

2.2 Election system in India.


2.2.1 Kodavolal election system.
A. Qualifications of constesting an election.
2 B. Disqualification for contesting an election.
C. The contrast. 12-26

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2.3 Election system in ancient Greece.
2.3.1 Introduction
2.3.2 Greek
2.3.3 The first Greeks.
2.3.4 Rise of city - states: Athens and sparte.
2.3.5 Democracy is born.
2.3.6 A golden age of thought.

2.4 Election system in ancient Rome.


2.4.1 Romulus and Remus.
2.4.2 The Rome republic.
2.4.3 Citizen.
2.4.4 The Rome senate.
2.4.5 Laws form the twelve tables.
2.4.6 The Punic wars.
2.4.7 Julius Caesar.

2.5 Election system in England.

2.6 Election system in America.


2.6.1 The American Revolution.
2.6.2 Important milestone in retentions of electoral system.
2.6.3 Eighteenth and nineteenth century milestones.

2.7 Modern democracy.


2.7.1 Development of representative democracies.

Chapter 3
International Perspective.
3.1 History of Symbols in United Kingdom
3.1.1United kingdom parties election symbols.
3 27-48
3.2 History of Symbols in United state of America
3.2.1United state of American parties election systems.

Chapter 4
Laws on Election Symbols in India.
4.1 Election symbols order.

4.2 Election symbols order constitutional validity.

4 4.3 Conduct of elections rules 1961.


49-79
4.4 Election symbols (reservation and allotment) order 1968.

4.5 Effect of violation of rule 10(5).

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4.6 Withdrawal of election symbols remedy.

4.7 Nota symbols (articles 14, 19, 21 & RP act sec 128)

4.8 Issues of allotment of symbols


4.8.1 Similarity
4.8.2 Materially affected
4.8.3 Religious symbols
4.8.4 Material irregularity or illegality.
4.8.5 Corrupt practice
4.8.6 Freeze of symbols
4.8.7 Free bies (splita party)
4.8.8 Election funding

Chapter 5
The Role of Election Commission
5.1 Introduction

5.2 Election Commission in India


5.2.1 Constitution of election commission
5.2.2 Election commission to ne multi member
5.2.3 Function of the election commission
5.2.4 Role of election commission
5.2.5 Powers of election commission

5.3 Registration of political parties


5.3.1Requirements for registration
5.3.2 Registered parties obliged to keep election commission informed
5 of any subsequent changes 80-132
5.3.3 No reservation of symbol for registered- unrecognized parties
5.3.4 Facility of common symbols to registered- unrecognized party
5.3.5 De-registration of registered parties
5.3.6 Disputes between rival sections or groups of unrecognized-
registered political parties.

5.4 Recognition of political parties


5.4.1 Introduction
5.4.2 Classification of political parties
5.4.3 Basis of recognition and meaning of national parties and state
parties.
5.4.4 Funds of political parties
5.4.5 Electoral trust

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5.5Criteria for recognition
5.5.1 Revised criteria for recognition 2000
5.5.2 Revision of criteria in 2005
5.5.3 Further revision of criteria in 2011
5.5.4 Revised criteria for continued recognition 2014 general elections
5.5.5 Recognized political parties-whether public authorities under the
right to information act 2005.

5.6 Candidates by political parties


5.6.1 Procedural requirements for candidates.
5.6.2 Substitute or covering candidates.
5.6.3 Change of candidates.
5.6.4 Requirements, held mandatory

5.7 Election symbols


5.7.1 Symbols system applicable only in parliamentary and assembly
constituencies.
5.7.2 Classification of symbols
5.7.3 No reservation of symbols for unrecognized parties
5.7.4 Facility of allotment of common symbols to newly registered
parties
5.7.5 Restriction on reservation of same symbols of same symbol for
more than one state party
5.7.6 Restriction on specification of reserved symbols as free symbols
in other states

5.8 Power of election commission allotment of symbols


5.8.1 Approved election symbols
5.8.2 Choice of symbols by candidates
5.8.3 Choice of symbols in nomination paper first field by a candidate
to be considered
5.8.4 Allotment of symbols to candidates
5.8.5 Incorrect allotment of symbols
5.8.6 Revision symbols

5.9 Applied symbol in nomination and allotment of symbols


5.9.1 Where the same free symbols has been chosen by several
candidates at such election then
5.9.2 Mistakes, printing errors.ect in electoral role or nomination paper
5.9.3 Receipt for nomination paper and notice for secreting and
allotment of symbols
5.9.4 Examination of the notices of nomination

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Chapter 6
6 The Role of Judiciary 133-142

Chapter 7
7 Conclusion & Suggestion 143-147
Bibliography

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ABBREVIATION

A.I.R All India Reporters

S.C.C Supreme Court Cases

S.C Supreme Court

ART Article

SEC Section

ECI Election Commission of India

H.C High Court

AC Assembly Constitution

ADDL.CEO Additional Chief Electoral Officer

AERO Assistant Electoral Registration Officer

ARO Assistant Returning Officer

CEO Chief Electoral Officer

DEO District Election Officer

EVM Electronic Voting Machine

JI CEO Joint Chief Electoral Officer

PC Parliamentary Constituency

MCC Model Code of Conduct

MLA Member of Legislative Assembly

MP Member of Parliament

NDV National Voters Day

PER Photo Electoral Roll

RO Returning Officer

SR Summary Revision

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Table of cases
1. Indira Nehru Gandhi vs Shri Raj Narain & Anr on 7 November, 1975
2. Roop Lal Sathi vs Nachhattar Singh on 2 November, 1982
3. Sadiq Ali And Anr. Etc vs Election Commission Of India And ... on 11 November, 1971
4. Smt. Lata Devi (Mall) vs Haru Rajwar on 22 August, 1989
5. Kanhiya Lal Omar vs R.K. Trivedi And Ors. on 24 September, 1985
6. Sri Ram Autar vs Kr. Satyabir on 2 February, 1978
7. Mani Lal Yadava vs Budhinath Jha on 11 May, 1961
8. Baburam Tudu vs Shambhunath Mandi And Ors. on 2 August, 2002
9. Rameshwar Prasad Yadav vs Awadhesh Kumar Singh on 3 July, 2007
10. Desiya Murpokku Dravida Kazhagam ... vs Election Commission Of India on 18 April,
2012
11. Jameel vs Gul Mohammad And Ors. on 26 February, 1980
12. Sunder sing and ors vs state of Haryana and ors on 21 september, 1983
13. Ali singhani bhagwandas madhav vs sri rajiv Gandhi on 13 july, 1990
14. Shriniwas vs rukmini raman pretap singh and on 24 janury, 1958.
15. Sahdeo yadav @ sahdeo p.d. yadav vs election commissioner and ors on 27 august, 2003.

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