What are the term and condition to begin a political party? 5 point
Answers
Answer:
How can you form a political party of your own in India? How do you register for it? What legal proceedings do you need to follow?
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.
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.