(1) A candidate set up by any recognized political party in the election shall choose and shall be allotted the symbol reserved for that party and no other symbol shall be allotted.
(2) A reserved symbol shall not be chosen by or allotted to any candidate other than a candidate set up by a recognized political party.
(3) Any candidate other than the candidate set up by a recognized political party in the election shall choose and shall be allotted in accordance with the rules hereinafter provided, one of the symbols specified as free symbols:
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Provided that, in case of a candidate set up by an unrecognized political party in the election, shall be allotted the free symbol chosen by such candidate and no one else and in case the candidates set up by two or more unrecognized political parties choose the same free symbol, the Returning officer shall decide by lot to which of those candidates set up by such unrecognized political parties that free symbol shall be allotted and allot that free symbol to the candidate to whom the lot falls and to no one else. The remaining free symbols shall be allotted to other candidates.
Explanation: For the purpose of this rule and rule 20, the expression “unrecognized political party” means a political party registered as a political party under section 29-A of the Representation of People Act, 1951 (Central Act 43 of 1951) and having its registered office or a branch office in Bengaluru and which is not a recognized national party or a recognized state party in Karnataka within the meaning of the Election Symbol (Reservation and Allotment) Order, 1968.
(4) Where a free symbol other than the one chosen by a candidate set up by an unrecognized political party has been chosen by only one candidate at the election, the Returning officer shall allot that symbol to that candidate and to no one else.
(5) Where the same free symbol other than the one chosen by a candidate set up by any unrecognized political party is chosen by more than one candidate, then,-
(i) the Returning officer shall decide by lot to which of those candidates that free symbol shall be allotted and shall allot it to the candidate, to whom the lot falls and to no one else; and
(ii) Where there are more number of candidates than the number of free symbols specified, the Returning officer shall allot any other symbol in his discretion to the remaining candidates.
Explanation: For the purpose of these rules a candidate shall deemed to be set up by a political party, if and only if,-
(a) the candidate has made a declaration to that effect in his nomination paper;
(b) a notice in writing to that effect has been delivered to the Returning officer before 3:00 p.m. on the last date for making nominations; and
(c) the said notice is signed by the president or the secretary or any other office bearer of the party and the president, secretary or such other office bearer is authorized by the party to send such notice and the name and specimen signature of the president, the secretary or such other office bearer is communicated in advance to the Returning officer of the ward and to the State Election Commission. In the case of a national party the authorization may be made by the president of the party’s unit at the state level or any other office bearer of such unit who is empowered by it.
(6) If a political party is a registered and recognized party in Karnataka or any other state and such party has setup the candidates to contest the election in the State, the symbols allotted to the candidates of that party in other State itself may be allotted, if they fulfill the following conditions, even though the symbols were not in the list of free symbol, namely:-
(i) the president of such party shall submit a representation in writing to the State Election Commission, requesting to allot particular symbol to the candidates who are contesting from his party, within three days from publication of calendar of events by the State Election Commission.
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(ii) if more than one party, which have been recognized in other states have chosen the same symbol as their reserved symbol of their party and such parties have submitted requisition for allotting the same symbol for their candidates, the State Election Commissioner shall allot the symbol to the candidate of such party through lot. The candidates of other party shall choose remaining any one of the free symbols.
(iii) the candidate shall declare in the nomination that which party has filed him as a candidate. In case anything contrary to this is found in the nomination or Form C or D, such candidate shall not be allotted the symbol reserved and such candidate shall be allotted a symbol by the election commissioner out of the list of free symbols.
(iv) it shall be satisfied by the State Election Commission that there is no appropriate reason to reject the application. They shall not claim for allotment of the same symbol for any other election, conducted in future.