CIVIL, POLITICAL DOCUMENTS

Registration of political parties under section 29A of the Representation of the People Act, 1951 in India

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  1. The applicant party is required to get an advertisement published in two National and two Local Dailies giving the name and address of the party, and its main office bearers, so that if anyone has any objection to the Party being registered, they can place their objections before the Commission.
  2. Section 29A in The Representation of the People Act, 1951:-

    29A. Registration with the Election Commission of associations and bodies as political parties.—

    (1) Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party for the purposes of this Act.

    (2) Every such application shall be made,—

    (a) if the association or body is in existence at the commencement of the Representation of the People (Amendment) Act, 1988 (1 of 1989), within sixty days next following such commencement;
    (b) if the association or body is formed after such commencement, within thirty days next following the date of its formation.
    (3) Every application under sub-section (1) shall be signed by the chief executive officer of the association or body (whether such chief executive officer is known as Secretary or by any other designation) and presented to the Secretary to the Commission or sent to such Secretary by registered post.

    (4) Every such application shall contain the following particulars, namely:—

    (a) the name of the association or body;
    (b) the State in which its head office is situate;
    (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 members, 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.
    (5) The application under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body 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.
    (6) The Commission may call for such other particulars as it may deem fit from the association or body.
    (7) After considering all the particulars as aforesaid in its possession and any other necessary and relevant factors and after giving the representatives of the association or body reasonable opportunity of being heard, the Commission shall decide either to register the association or body as a political party for the purposes of this Part, or not so to register it; and the Commission shall communicate its decision to the association or body:
    Provided that no association or body shall be registered as a political party under this sub-section unless the memorandum or rules and regulations of such association or body conform to the provisions of sub-section (5).
    (8) The decision of the Commission shall be final.
    (9) After an association or body has been registered as a political party as aforesaid, any change in its name, head office, office-bearers, address or in any other material matters shall be communicated to the Commission without delay.
  3. 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 officeis situated:
    (c) the address to which letters andother communications meant for it
    should be sent:
    (d) the names of its President,Secretary, Treasurer and otheroffice-bearers:
    (e) the numerical strength of its members, and if there are categories of its member, the
    numerical strength in eachcategory:
    (f) whether it has any local units; ifso, 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 programme, 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:——-

 

Annexure-III

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.

___________ (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. that no proclaimed absconder is a member of the party
4. that all the members who have sworn affidavit as members of the party have appended their own signature//T.I. before the Notary who attested the affidavit.
5. that the proposed office of the party is not situated in a government building and there will be no disturbance or hardship for general public by opening office in the said premises.
6. that there will not be any violation of law if party office runs from the said premises and in case of any disturbance to general public, the party will shift its office to some other building.
7. I declare that the above facts are true and correct to the best of my knowledge and belief.
(Deponent)