Registration of political parties is governed by the provisions of section 29A of the Representation of the People Act, 1951. A party seeking registration under the said section with the Election Commission of India has to submit an application to the Commission within a period of 30 days following the date of its formation in prescribed format with certain basic particulars about the party such as name, address, membership details of various units, names of office bearers, etc, as required under sub-section (4) of the said section, and such other particulars as the Commission may specify under sub-section (6) of Section 29A of the Representation of the People Act, 1951.
Registration of political parties is governed by the provisions of section 29A of the Representation of the People Act, 1951.Party seeking registration under this Act requires to submit certain documents as per guidelines of the election commission of India . Generally party seeking registration requires to submits various resolutions , Pan card copy of office bearer alongwith their ITR returns of last three years , party's constitution, individual affidavits , Affidavit of Asset and liabilities and criminal antecedents affidavit and lastly affidavit of the president . Commission also asked for publication of the notice in news papers and after the same they conduct the hearing for registration . Finally after the hearing and satisfaction of the commission your party gets registered .
1) A Demand Draft of Rs. 10,000/- (Rupees Ten Thousand only) on account of processing fee drawn in favour of the Under Secretary, Election Commission of India, New Delhi. It may be noted that the processing fee is non-refundable.
2) A neatly typed/printed copy of the memorandum/rules and bye-laws/Constitution of the Party containing a specific provision as required under sub-section (5) of Section 29A of the Representation of the People Act, 1951 in the exact terms, 3 which reads “………...……………………” (Name of the party) shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India”. The above mandatory provision must be included in the text of party constitution itself as one of the clauses. As per provision to sub-section (7) of the said Section 29A of the Representation of the People Act, 1951, no association or body shall be registered as a political party unless the memorandum, rules and regulations or the constitution of such association or body conform to the above referred provision of sub-section (5) of Section 29A.
3) There should be a specific provision in the rules/Constitution of the party regarding internal democracy in the party, organisational elections at different levels, mode of such elections and the periodicity of such elections, term of office of the office-bearers and powers and duties of the office-bearers of the party, and the various representative bodies of the party (such as Executive Committee, Council etc.)
4) Besides these particulars, procedure to be followed in the case of merger/dissolution of the Association, amendment in Party Constitution and disciplinary action against erring members of the party should be provided in the bye-laws. There should be clear provision in the party constitution about membership of the party. There should not be any discrimination in the matter of membership.
5) Extracts from the latest electoral rolls in respect of atleast 100 members of the organisation (including all office-bearers/members of main decision making organs like Executive Committee/Executive Council) duly certified by the Electoral Registration Officer of concerned assembly constituency to show that they are registered electors. Alternatively, photocopies of Elector Photo Identity Cards (EPICs) of the members duly attested by a Gazetted officer or Notary should be submitted.
6) An affidavit duly signed by the President/General Secretary of the applicant party and sworn before a 1st class Magistrate/Oath Commissioner/Notary Public to the effect that no member of the organisation is a member of any other political party registered with the Commission
7) Individual affidavits from atleast 100 members of the party to the effect that the said member is a registered elector and that he is not a member of any other political party registered with the Commission. These affidavits should be on Stamp Paper of atleast Rs. 2/- denomination and duly sworn before a 1st class Magistrate/Oath Commissioner/Notary Public. These affidavits should be from those persons in respect of whom certified extracts of electoral rolls
8) A list of office bearers and members of the party mentioned in (vi) and (viii) above, should be submitted and the certified copy of electoral rolls or EPICs and individual affidavits should be enclosed as per the sequence of the list.
9) Particulars of Bank account and Permanent Account Number (PAN), if any, in the name of the party should be furnished.
10) The applicant party has to produce a ‘No Objection Certificate’ , in the form of an affidavit on stamp paper, from the owner of the premises where the party office is situated with certified copies of tangible proof, such as House Tax Receipt or Registry papers, etc. , of ownership of the premises.
11) The applicant has to attach a ‘No Objection Certificate’ from the Local Body, Municipal Corporation etc. to the effect that there is no prohibition under the rules and regulations of the authority to set up political party office in that building where the party office is situated.
12) Separate Affidavits from the office bearers of the main organs of the applicant party in respect of their Assets and Liabilities have to be furnished.
13) The office bearers of the applicant party have to furnish a copy of their Income Tax Returns filed for the last three years, if they are Income Tax payees. In case any office bearer is not Income Tax payee he/she has to furnish certified details of his/her monthly income alongwith source of income.
14) The details of PAN Card have to be furnished in respect of office bearers of the party.
15) Affidavits from the office bearers of the main organs of the applicant party showing information about their criminal antecedents have to be furnished in affidavit form.
16) The applicant party must submit authenticated proof to show that the party constitution has been adopted by the General Body of the party.
17) The applicant party must declare in its constitution that it shall submit its audited annual financial statement to the Commission within a period of 60 days after the end of each financial year.
18) The applicant party must ensure in its constitution itself, vide a specific clause in the party constitution that the party will not, in any manner, promote or instigate or participate in violence.
19) The applicant party must ensure in its constitution itself vide a specific clause in the party constitution that party will hold periodic (Period to be specified in constitution but at least once in 4 years) and regular election to all positions of office-bearers and organs of the party.
20) The applicant party must ensure in its constitution itself vide a specific clause in the party constitution that any amendment to the constitution must be approved by the General Body of the party.
21) The party must declare in its constitution that it must contest an election conducted by the Election Commission within 5 years of its registration. (If the Party does not contest elections continuously for 6 years, the Party shall be taken off the list of registered parties).
Adv Ashish Fule ,
(Expert in Registration of Political Parties and their compliance)
Contact : 9960560233 Email Id: [email protected]
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