How To Register A Political Party

1. We All Must Have Had Ambitions In Our Childhood To Rule A Country! To Become The Prime Minister, The President, And What Not… But Have We All Ever Wondered, What’s The Procedure…What Has To Be Done…What All Is Required! The Identity Of Every Politician, Every Minister, Every Representative Lies From A Political Party. Registering A Political Party With The Election Commission Of India Is The 1st Step Towards Participation In Politics. This Blog Will Give You An Insight Into The Process And Documents Required For The Registration Of A Political Party. Essential Elements For A Political Party To Be Registered The Basic Eligibility For A Party To Be Registered Is As Follows: - •Every New Party Has To Have At Least 100 Members. •Each Member Is Required To Hold An Indian Voter ID Card. •Individuals Or Members Joining The Party Must Be 18 Years Old. Setting Up Of A Political Party Sec. 29AOf The Representation Of People’s Act, 1951 Speaks About The Registration Of Political Parties And Its Process: - Step 1: - Application Procedure The Application Should Contain The Following Mentioned Documents. Party Constitution Should Be Drawn On The Following Lines: Article I: Name Of The Party– This Should Not Contain Or Hurt Any Religion Or Caste. Article II: Objectives Of The Party – This Should Be Within The Purview Of The Constitution Of India. Article III: Membership Of The Party– This Should Be 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 The Democratic Spirit –No Veto Power). Along With, The 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 A Democratic Spirit –No Veto Power).Along With, The 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 The 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.

2. With A Clear Answer Against Each Item Therein, A CHECKLIST May Be Submitted With The Application (Annexure-II). Along With The Proforma Application, The Following Documents Have To Be Enclosed: - •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. •A Sworn Affidavit Duly Signed By The President/General Secretary Of The Applicant Party 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). •Sworn 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. (Specimen Of Affidavit At Annexure-IV). •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). •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). Other Requirements: - •A Neatly Typed/Printed Copy Of The Memorandum/Rules And Regulations/Constitution Of The Party Containing A Specific Provision 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.” •There Should Be A Specific Provision In The Rules/Constitution Of The Party Regarding Internal Democracy In The Party, Organizational Elections, 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. •Procedure To Be Followed In The Case Of Merger/Dissolution Of The Association, •Extracts From The Latest Electoral Rolls Regarding Atleast 100 Members Of The Organization Duly Certified By The Electoral Registration Officer Of

3. Concerned Assembly Constituency To Show That They Are Registered Electors. •A List Of Office-Bearers And Members Of The Party 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. •Particulars Of Bank Account And Permanent Account Number (PAN), If Any, In The Name Of The Party And Office Bearers Should Be Furnished. •A ‘No Objection Certificate’ From The Owner Of The Premises Where The Party Office Is Situated With Certified Copies Of Tangible Proof Of Ownership Of The Premises. •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. •A Copy Of Their Income Tax Returns Of Office Bearers Filed For The Last Three Years. In Case Any Office Bearer Is Not An Income Tax Payee, A Certified Report Of The Monthly Income Along With The Source Of Income Is To Be Furnished. Step 2: - Processing Of Application. •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 And Will Not Be Considered. •Within 2 Weeks Of Receipt Of A Duly Completed Application, An Acknowledgement Of Your Application From The Election Commission Guiding You On The Future Course Of Action. •The Application Will Be Further Scrutinized For Any Shortcomings/ Defects. Step 3: - Publishing In News Paper: - 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. Step 4: - Communication And Hearing: - If At All There Is Any Objection, A Hearing Will Be Scheduled. The Applicant Is Supposed To Comply With The Objection Raised. Step 5: - Decision: - The Application For Registration Will Be Accordingly Either Registered/ Rejected. FAQ’S A. How To Choose The Election Symbol?

4. Unrecognized Parties Can Pick From Any Unreserved Or Free Symbols. A List Of Available Symbols Is Posted On The Official Website Of The Election Commission Of India. Https://Eci.Gov.In/Candidate-Political-Parties/Election-Symbol/ B. Once Recognized, Is It Possible To Reserve The Election Symbol For Exclusive Use? Yes. Only Parties That The ECI Recognizes Can Reserve Symbols For Their Exclusive Use. This Is An Important Reason Why Political Parties Try To Get Recognized By The ECI. C. Is It Necessary For An Association To Get Registered By The Election Commission? No. It Is Not Necessary For Every Association To Get Registered By The Election Commission. Only A Party Intending To Avail Itself Of The Provisions Of The Representation Of The People Act, 1951 Is Required To Get Itself Registered With The Election Commission Of India. D. What Are The Benefits Of Registration With The Election Commission Of India? •The Candidates Of A Registered Political Party Will Get Preference In The Matter Of Allotment Of Free Symbols Vis-À-Vis Purely Independent Candidates. •A Registered Political Party, In Course Of Time, Can Get Recognition As `State Party’ Or National Party’ Subject To The Fulfillment Of The Conditions Prescribed By The Commission In The Election Symbols (Reservation And Allotment) Order, 1968. •Recognized `State’ And `National’ Parties Need Only One Proposer For Filing The Nomination And Are Also Entitled To Two Sets Of Electoral Rolls Free Of Cost And Broadcast/Telecast Facilities Over Akashvani/Doordarshan During General Elections. E. Whether A Registered Political Party Be De-Registered By The Election Commission Of India? The ECI Is Not Vested With The Power To De-Register Parties On Any Grounds. A Party Can Only Be De-Registered If Its Registration Was Obtained By Fraud, If It Is Declared Illegal By The Central Government, Or If A Party Amends Its Internal Constitution And Notifies The ECI That It Can No Longer Abide By The Indian Constitution. F. How Is A Party Recognized As A ‘National Party’ Or ‘Regional Party’? Conditions For Recognition As A National Party • Secures At Least 6% Of The Valid Vote In An Assembly Or A Lok Sabha General Election In Any Four Or More States • Has Won At Least 4 Seats In A Lok Sabha General Election From Any State Or States. • Win At Least 2% Of The Total Lok Sabha Seats In A Lok Sabha General Election, And These Seats Have To Be Won From At Least 3 States • The Party Is Recognized As A State Party In At Least Four States Conditions For Recognition As A Regional Party • Secure At Least 6% Of The Valid Vote & Win At Least 2 Seats In An Assembly General Election

5. • Secure At Least 6% Of The Valid Vote & Win At Least 1 Seats In A Lok Sabha General Election • Win At Least 3% Of The Seats Or At Least 3 Seats, Whichever Is More, In An Assembly General Election • Win At Least 1 Out Of Every 25 Seats From A State In A Lok Sabha General Election • Secure At Least 8% Of The Total Valid Vote In An Assembly Or A Lok Sabha General Election. Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.