Registration of Political Party in India

Dear Sir,

We are forwarding a detailed note for Registration of Political Party in India under Section 29A of the Representation of the People Act, 1951:-

A. Eligibility Criteria for Forming a Political Party

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 (Format at Annexure-I) 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.

As per the Election Commission’s mandate, a new political party must have at least 130 members to apply for political certification. Each member needs to hold a voting card, which clearly implies that individuals should be above the age of 18.

B. Registration Procedure

The commission allows 30 days to the public to raise objections, if any. Interim, the representatives of the political party must issue notices in newspapers and declare their intention of forming a new political entity. At the end of the 30-day window, if no objections are raised, the commission scrutinizes the documents submitted by the party.

Within four or five months the party representatives can expect to receive registration confirmation.

Once the party is registered with the commission, it becomes obligatory for the party leaders to choose an election symbol from the ones available with the election commission. If the members don’t find any of the symbols fit enough for their party, they can pick a symbol on their own and submit a sketch to the commission for approval

C. Documents to be provided during Registration:

The application for registration should be accompanied by the following documents:

• A demand draft of prescribed fees in favour of Under Secretary, Election Commission of India. This processing fee is non-refundable.

• A neatly printed copy of the rules and regulations/Constitution of the party. The document must include the provisions regarding “organizational elections at different levels and the periodicity of such elections and terms of office of the office-bearers of the party.”

• A copy of the party’s constitution, which is authenticated by the General Secretary/President/Chairman of the party. It should also bear the seal of the signatory.

• An affidavit which declares that no member of the party has a membership with any other political party registered with the Election Commission.

• Extracts from the latest electoral rolls of at least 100 members of the party as an evidence that they are registered voters. Alternatively, photocopies of Elector Photo Identity Cards (EPICs) of the members duly attested by a Gazetted officer or Notary should be submitted

• Individual affidavits are also needed as a declaration that the members of the party are registered voters and not members of any other political party.

• Details of bank accounts and Permanent Account Number (if any) in the name of the party.

Adding to these, every office bearer of the party must furnish details pertaining to assets and investments made by them and their spouse and children.

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.

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.

D. Checklist :

• 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 (Specimen of affidavit at Annexure- III).

• 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 or EPICs are being furnished as mentioned in Annexure-IV).

• A list of office bearers and members of the party mentioned 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.

• 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.

• 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.

• 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).

• 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.

• The details of PAN Card have to be furnished in respect of office bearers of the party.
• 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. (Format enclosed at Annexure-VI).

• The applicant party must submit authenticated proof to show that the party constitution has been adopted by the General Body of the party.

• 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.

• 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.

• 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.

• 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.

• 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).

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.

E) Fees:

We are pleased to propose fees for getting Political Party registration will discuss in meeting.

F) Timeline:

Estimated time for Registration of Political Party– 6 to 8 months

F) Place of Rendering Services:

The place of rendering services generally shall be our office situated at 496/B, 2nd Floor, Near KCC Classes, KasbaPeth, Pune-411011.

“Our priority is Clients satisfaction and we believe in maintaining healthy and long term relations with our clients.”

Kindly sign a copy of the letter/ or mail me at info@csladda.comin token of approval or
you may issue separate letter accepting terms and condition of this letter.

Thanking you and assuring best professional services.

Pramodkumar R. Ladda
Company Secretary

I/We accept the above terms and conditions and authorize you to prepare & submit forms and documents relating to incorporation of private limited company in India, with the government authorities on my/our behalf and also pay requisite filing and other fees and charges on our behalf.

_______________
Signature
Entrepreneur
Pune

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# List of Gazetted Officer:-

Group ‘A’ Gazetted officers include –

a) All India services though posted to states
b) Promotes from states to the cadre of Assistant commissioner and above
c) Police officers (Circle Inspector and above)
d) Additional District Civil surgeons
e) Executive Engineers and above
f) District Medical Officer and above
g) Lt. Col and above
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i) Readers and above of Universities
j) Patent Examiner etc.

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a) Section Officer
b) BDO (Block Development Officer)
c) Tahsildar
d) Junior Doctors in Government Hospitals
e) Assistant Executive Engineer
f) Lectures in Government colleges
g) Headmaster of Government high schools
h) 2nd Lieutenant to Major
i) Magistrate