24 February 2012

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Guideline Procedure of Registration of political parties under Section 29A of the Representation of the People Act, 1951

Guideline Procedure of Registration of political parties under Section 29A of the Representation of the People Act, 1951

For the purpose of registration of any association or body of individual citizens of
India as a political party, the association or body is required to make an application to the Election Commission of India giving therein full
particulars required under sub-section (4) of Section 29A of the Representation of the People Act, 1951 and additional particulars required under the Registration of Political Parties (Furnishing of Additional Particulars) Order, 1992, separately.



The application should be neatly typed on the party’s letter-head, if any, and it
should be sent by registered post/presented personally to the Secretary to the Election Commission within 30 days following the date of the formation of the party. Any application made after the said period will be time-barred under the provisions of Section 29A(2)(b) of the Representation of the People Act, 1951. All pages of the application including annexure should be (page) numbered in continuation.

The application must be accompanied by the following documents/information:

Article I: Name of the Party
(Should not contain religion or caste)

Article II: Objectives of the Party
(Should be in consonance with the Constitution of India)

Article III: Membership of the Party
(Open to all adult Indian citizens)

Article IV: Organs of the Party (Organizational Structure)

Powers and Functions of each of these organs
(Decision making power should reflect democratic spirit – no veto
Power)

Method of appointment (and terms) of members to each of these
Organs

(Not more than 1/3rd
Members can be nominated; Tenure should be
fixed not exceeding 5 years; Periodic elections within 5 years
maximum)

Article V: Office-bearers of the Party

Powers and functions of each of these office-bearers
(Decision making power should reflect democratic spirit – no veto
power)

Method of appointment (and terms) of each of these office-bearers
(Should be elected; Not more than 1/3rd
can be nominated; Fixed
tenure not exceeding 5 years for everyone; Periodic elections
within 5 years maximum)

Article VI: Rules of Dispute Resolution & Discipline

Article VII: Basics of Rules of Conduct of Business
Decision making process; Meetings – quorum, notice and decision
making etc.
(Details can be annexed separately)

Article VIII: Party Funds & Accounts
Party funds to be utilized for political activities; Accounts to be
maintained on accrual system; To be annually audited by Auditor
on the panel of CAG; Audited annual accounts to be submitted to
the ECI within 6 months of the end of financial year.
(Details can be annexed separately)

Article IX: Party Constitution’s Amendment Procedure

Article X: Merger, Split and Dissolution Procedure

Article XI: Mandatory Provision under Section 29A (5) of RP Act, 1951.

(ii) A CHECKLIST, with clear answer against each item therein, may be submitted
with application (Annexure-II). The relevant page no. of application, where the
details of the particular item in checklist can be verified, must be indicated by you.

(iii) A Demand Draft of Rs. 10,000/- (Rupees Ten Thousand only) on account of
processing fee drawn in favor of the Under Secretary, Election Commission
of India, New Delhi. It may be noted that the processing fee is non-refundable.

(iv) 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,

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.
(v) There should be a specific provision in the rules/Constitution of the party
regarding internal democracy in the party, organizational 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.)
(vi) 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.
(vii) Extracts from the latest electoral rolls in respect of at least 100 members of the
organization (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.
(viii) 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 organization is a member of any other political party
registered with the Commission

(ix) Individual affidavits from at least 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 at least 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 who certified extracts of electoral rolls or Epics are
being furnished as mentioned in Para (v) (Specimen of affidavit at Annexure-
IV).
(x) 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.
(xi) Particulars of Bank account and Permanent Account Number (PAN), if any, in the
name of the party should be furnished.
(xii) 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.

(xiii) 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.
(xiv) 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. (Format
enclosed at Annexure-V).
(xv) 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 along with source of income.
(xvi) The details of PAN Card have to be furnished in respect of office bearers of the
party.
(xvii) 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.

(xviii) The applicant party must submit authenticated proof to show that the party
constitution has been adopted by the General Body of the party.
(xix) The applicant party must declare in its constitution that it shall submit it’s audited
annual financial statement to the Commission within a period of 60 days after the
end of each financial year.
(xx) 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.
(xxi) 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.
(xxii) 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.
(xxiii) 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).

4. It is advised to ensure that the application is complete in all respects as per the
CHECKLIST enclosed at Annexure-II. If any requisite information has not been
furnished by you or wrongly furnished with your application (as per the CHECKLIST),
it may not be possible to consider the application. Therefore, it is advised that the
CHECKLIST may be filled carefully and submit along with application.

5. The application along with all the required particulars/documents mentioned
above must be made to the Commission within 30 days following the date of the
formation of the party. Any application made after the said period will be time-barred
under the provisions of Section 29A (2) (b) of the Representation of the People Act, 1951
and will not be considered.

6. Within 2 weeks of receipt of your duly completed application you will receive an
acknowledgement of your application from the Election Commission guiding you on future course of action.

PROFORMA OF APPLICATION FOR REGISTRATION AS A
POLITICAL PARTY UNDER SECTION 29A OF THE
REPRESENTATION OF THE PEOPLE ACT, 1951.

To
The Secretary
Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi – 110 001.
Sir,
It is requested that
(Name of the applicant party) may be registered as a political party under section 29A of
the Representation of the People Act, 1951. The particulars required under sub-section
(4) of the said Section 29A and additional particulars required under Para 2 of the
Registration of Political Parties (Furnishing of Additional Particulars) Order, 1992 are
furnished as under:-

1. Particulars required under sub-section (4) of Section 29A of the Representation of
the People Act, 1951.

(a) the Name of the Association or
Body

(b) the State in which its head office
is situated:

(c) the address to which letters and
other communications meant for it
should be sent:

(d) the names of its President,
Secretary, Treasurer and other
office-bearers:

(e) the numerical strength of its
members, and if there are
categories of its member, the
numerical strength in each
category:

(f)

whether it has any local units; if
so, at what levels:


(g) whether it is represented by any
member or members in either
House of Parliament or of any
State Legislature; if so, the
number of such member or
members:


(h) Date of formation of the
Association or Body:

2. Additional Particulars required under para.2 of the Registration of Political Parties
(Furnishing of Additional Particulars) Order, 1992.

(a)

the principles on which the Association or
Body is based:



(b) the policies, aims and objects it pursues or
seeks to pursue:


(c) its programmed, functions and activities for
the purpose of carrying out its principles,
policies, aims and objects:


(d) the names of the main organs (by
whatever name called) of the association
or body, their functions and the names of
the Chairman (by whatever name called),
and other members of such organs:


(e) the relationship of the Association or
Body with the electors and the popular
support it enjoys, along with tangible
proof, if any, of such relationship and
support:




3. Duly completed CHECK LIST along with requisite documents prescribed therein
is enclosed herewith.

Yours faithfully,
Date:
Signature: ----------------------------
Name: -------------------------------
Designation: (General Secretary/Chairman
/President of the party)
Seal of the party: -------------------


Specimen of Affidavit to be signed by the President or General
Secretary of the party to be sworn before a 1st
Class Magistrate/Oath
Commissioner/Notary Public.


I__________________________ (Deponent) Son/Daughter of Shri__________________
_____ resident of _______________________________________ do hereby solemnly
affirm and state as follows:-

1. that I am President/General Secretary of the ____________________
___________________ (Please mention the Name of the applicant party).
2. that no member of the party is a member of any other political party registered
with the Election Commission of India.
3. I declare that the above facts are true and correct to the best of my knowledge
and belief.

(Deponent)


Specimen of Individual Affidavit in r/o at least 100 members (including
all office bearers) of the party to be sworn before a 1st
Class
Magistrate/Oath Commissioner/Notary Public.


I__________________________ (Deponent) Son/Daughter of Shri__________________
_____ resident of _______________________________________ do hereby solemnly
affirm and state as follows:-

1. that I am a member of the ____________________ (Please mention the Name
of the applicant party).
2. that I am a registered elector in _____________________________Assembly
Constituency (Please give the Sl. No. and Name of the Assembly
Constituency)
3. that I am not a member of any other political party registered with the Election
Commission of India.
4. I declare that the above facts are true and correct to the best of my knowledge
and belief.

(Deponent)

¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬-¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬-----------------------------------------------------------------------------------------------------

Registration of political party under Section 29A of the Representation
of People Act, 1951
(Affidavit to be furnished by the office bearers (President, Vice-President, General Secretary, Treasurer) of the applicant party
regarding assets and liabilities.)

I, ____________________, son/daughter/wife of ________________________
aged _____ years, resident of ____________________________________________,
holding the office of _______________________(mention the name of office) of the
_______________________________ (mention the name of the political party), do
hereby solemnly affirm and state on oath as under:-
(Strike out whichever not applicable)

(2) That the details of the assets (immovable, movable, bank balance, etc.) of myself,
my spouse and dependents* are given below: - _______

A. Details of movable assets. (Value)
Value of Bonds / Shares / Debentures as per the latest market value in Stock
Exchange in respect of listed companies and as per books in the case of none listed
companies should be given.

Details of Immovable assets –

I give herein below the details of my liabilities / over dues to public financial
institutions and government dues:-
Loans etc


Registration of political party under Section 29A of the Representation
of the People Act, 1951
(Affidavit to be furnished by the office bearers (President, Vice-President, General Secretary, Treasurer) of the applicant party
regarding criminal background)

I, ___________________________, son/daughter/wife of ________________________
aged _____ years, resident of ____________________________________________,
holding the office of _______________________(mention the name of office) of the
_______________________________ (mention the name of the political party), do
hereby solemnly affirm and state on oath as under:-
(Strike out whichever not applicable)

(1) I have not been convicted by any court of law for any offence

OR
I have been convicted in the following cases as per details below:-

(I) Case/First information report No./Nos. ………………………………….
(ii) Court(s) which passed the order of conviction……………………………
(iii) Police station(s) ………………District (s) … ………State(s)…………..
(iv) Section(s) of the concerned Act(s) and short description of the offence(s)
for which the candidate has ever been charged ………………………..
(v) Date(s) on which the sentence (s) was/were pronounced …………………
(vi) Whether the sentence(s) has/have been stayed by any court(s) of
competent jurisdiction …………………………………………………

(2) No case is pending against me before any court of law:-

OR
The following case(s) is/are pending against me in which cognizance has been
taken by the court, as per details below:-


(i) Section of the Act and description of the offence for which cognizance
taken :
(ii) The Court which has taken cognizance :
(iii) Case No. :
(iv) Date of order of the Court taking cognizance :
(v) Details of appeal(s) / application(s) for revision, etc., if any, filed against
above order taking cognizance :

DEPONENT
VERIFICATION

I, the deponent above named, do hereby verify and declare that the contents of this
affidavit is true and correct to the best of my knowledge and belief; no part of it is false
and nothing material has been concealed there from.
Verified at ____________ this the _________ day of _______, 200__.

DEPONENT


Reality views by sm –

Friday, February 24, 2012

Tags – Registration of Political Party in India Method

2 comments:

Pooja,  March 05, 2012  

informative post

Anonymous,  April 16, 2016  

Clerify that application for registration of a state level political party should be submitted to election commission punjab or national election commission.....??????