political party registration process in india
July 11, 2022
Registration of political parties is comes under the provisions of section 29A of the Representation of the People Act, 1951 of India.
A organisation registered under section 29a, seeking registration under the said section with the commission of India needs 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 like name, address, membership details of assorted units, names of office bearers, etc, that needed under sub-section (4) of the said section, and also other particulars because the Commission may specify under sub-section (6) of Section 29A of the Representation of the People Act, 1951 of India..
new political party seeking registration under this Act requires to submit certain documents as per guidelines of the committee of india . Normally 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 affidavit and Also affidavit of the president.
Commission also asked for publication of the notice in news papers and after the identical they conduct the hearing for registration. Once the hearing and satisfaction of the commission done, your party gets registered.
1. a requirement Draft of Rs. 10,000/- (Ten Thousand Rupees only) on account of processing fee drawn in favour of the Under Secretary, Commission Of India, New Delhi. You should be noted that the processing fee is completely non-refundable.
2. A neatly typed/printed copy of the memorandum/rules and bye-laws/Constitution of the Party containing a selected provision as needed under sub-section (5) of Section 29A of the Representation of the People Act, 1951 within 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, also to the principles of socialism, secularism , democracy and uphold the Sovereignty, Unity And Integrity of India”. The above mandatory provision must be included within the text of party constitution itself mutually 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 party unless the memorandum, rules , regulations and 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 selected provision within the rules/Constitution of the party regarding internal democracy within the party, organisational elections at different levels, mode of such elections and therefore the periodicity of such elections, term of office of the office-bearers and powers and duties of the office-bearers of the party, and also the various representative bodies of the party (such as Executive Committee, Council etc.)
4. Besides these particulars, Process to be followed within the case of merger or dissolution of the Association, amendment in Party Constitution also disciplinary action in respect of said erring members of the party should be provided within the bye-laws. There should be clear provision within the party constitution about membership of the party. There shouldn’t be any discrimination in the matter of membership.
5. Extracts from the newest electoral rolls in respect of atleast 100 members of the organisation (including all office-bearers/members of main higher cognitive process organs like Executive Committee/Executive Council) duly certified by the Electoral Registration Officer of concerned assembly constituency to indicate that they’re registered electors. Also, photocopies of Elector Photo Identity Cards (EPICs) of the members duly attested by a Gazetted officer or by Notary should be submitted.
6. An affidavit duly signed by the President or General Secretary of the applicant party and sworn before a Notary Public to the effect that no member of the organisation may be a member of the other organization registered with the Commission
7. Individual affidavits from atleast 100 members of the party to the effect that the said member could be a registered elector which he’s not a member of the other organisation registered with the Commission. These affidavits should get on Stamp Paper of atleast Rs. 2/- denomination and duly sworn before a first class Magistrate/Oath Commissioner/Notary Public. These affidavits should be from all the persons in respect of whom certified extracts of electoral rolls
8. a listing of office bearers and members of the party mentioned in (vi) and (viii) above, should be submitted and also the certified copy of electoral rolls or EPICs also individual affidavits should be enclosed as per the sequence of the list with EPICs Numbers .
9. Particulars of checking account and Pan Number, if any, within the name of the party should be furnished.
10. The applicant party should produce a ‘No Objection Certificate’ , within the variety of an affidavit on stamp paper, from the owner of the premises where the party office is situated with certified copies of tangible proof, like House Tax Receipt or Registry papers, etc. , of ownership of the premises.
11. The applicant needs to attach a ‘No Objection Certificate’ from the Local Body, Municipal Corporation etc. to the effect that there’s no prohibition under the foundations and regulations of the authority to line up party office in this building where the party office is situated.
12. Separate Affidavits from the office bearers of the most organs of the applicant party in respect of their Assets and Liabilities should be furnished.
13. The office bearers of the applicant party should furnish a duplicate of their tax Returns filed for the last three years, if they’re taxation payees. just in case any office bearer isn’t revenue enhancement payee he/she has got to furnish certified details of his/her monthly income alongwith source of income.
14. the main points of PAN Card must be furnished in respect of office bearers of the party.
15. Affidavits from the office bearers of the most organs of the applicant party showing information about their criminal antecedents need to be furnished in affidavit form.
16. The applicant party must submit authenticated proof to indicate that the party constitution has been adopted by the overall Body of the party.
17. The applicant party must declare in its constitution that it shall submit its audited annual finances to the Commission within a period of 60 days after the top of every year.
18. The applicant party must ensure in its constitution itself, vide a particular clause within the party constitution that the party won’t, in any manner, promote or instigate or participate in violence.
19. The applicant party must ensure in its constitution itself vide a particular clause within the party constitution that party will hold periodic (Period to be per constitution but a minimum of once in 4 years) and regular election to any or all positions of office-bearers and organs of the party.
20. The applicant party must ensure in its constitution itself vide a particular clause within the party constitution that any amendment to the constitution must be approved by the final Body of the party.
21. The party must declare in its constitution that it must contest an election conducted by the commission within 5 years of its registration. (If the Party doesn’t contest elections continuously for six years, the Party shall be launched the list of registered parties).
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