Guidelines prescribed by the Election Commission of India in exercise of
the powers conferred by Article 324 of the Constitution of India and
section 29A of the Representation of the I>eople Act. 1951
GUIDELINES AND APPLICATION FORMAT FOR Registration of political parties
under Section 29A of the Representation of the People Act. 1951
(Please read the guidelines carefully)
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.
2. The application should be neatly typed on the party's letter-head, if any, and it
should be sent by registered post/presented personally to the Secretary to the Election
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. All pages of the
application including annexure should be (page) numbered in continuation.
3. The application must be accompanied by the following documents/information:-
(i) Party Constitution drawn on following lines:
Article I: Name of the Party
(Should not contain religion or caste)
Article II: Objectives of the Party
(Should be in consonance with the Constitution of India)
Article III: Membership of the Party
(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 democratic spirit - no veto
power)
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 democratic spirit - no veto
power)
Method of appointment (and terms) of each of these office-bearers
(Should be elected; Not more than 1I3rd 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 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) ofRP Act, 1951.
(ii) A CHECKLIST, with clear answer against each item therein, may be submitted
with application (Annexure-Ill. The relevant page no. of application, where the
details of the particular item inchecklist can be verified, must be indicated by you.
(iii) A Demand Draft of Rs. 10.000/- (Rupees Ten Thousand only) on account of
processing fee drawn in favour of the Under Secretacy. Election Commission
of India. New Delhi. It may be noted that the processing fee is non-refundable.
(iv) 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,
.2 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.
(v) 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.)
(vi) 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.
(vii) 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.
(viii) 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 and an undertaking 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 and 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 (Specimen of affidavit at Annexure- III).
3 (ix) 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 CommissionerlNotary 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 Para (v) (Specimen of affidavit at
Annexure-IV).
(x) 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.
(xi) Particulars of Bank account and Permanent Account Number (PAN), if any, in the name
of the party should be furnished.
(xii) 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.
(xiii) 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).
(xiv) 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
alongwith source of income.
(xv) The details of PAN Card have to be furnished in respect of office bearers of the party.
(xvi) 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).
4 (xvii) The applicant party must submit authenticated proof to show that the party constitution has been
adopted by the General Body of the party.
(xvii) The applicant party must declare in its constitution that it shall submit its audited annual financial
statement to the Commission within a period of 6 months after the end of each financial year.
(xix) 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.
(xx) 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.
(xxi) 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.
(xxii) 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).
4. 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 befilled carefully and submit alongwith
application.
5. The application alongwith 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.
6. 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.
********
5 Annexure-I
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 office
is situated:
(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 member, 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:
(h) Date of formation of the
Association or Body:
6 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 alongwith requisite documents prescribed therein
is enclosed herewith.
Yours faithfully,
Date:
Signature: ----------------------------
Name: ------------------ -------------
Designation: (General Secretary/Chairman
!President of the party)
Seal of the party:-------------------
7 (ANNEXURE- II)
CHECK LIST TO BE FILED AND ATTACHED WITH APPLICA TION FOR
REGISTRATION OF POLITICAL PARTY UNDER SECTION 29A OF THE
REPRESENTATION OF THE PEOPLE ACT. 1951.
The application should contain the following particulars/documents. Applicant must
indicate against each of the items in CHECKLIST whether the item has been
complied with or not. None of the items should be left. Application with incomplete
CHECKLIST will be summarily rejected:-
Sl. Item Applicant Reference
No. Remarks page No.
1. Has the Name of the almlicant Party/Organisation been YeslNo
given clearly? The name should be clearly different
from the name of existing parties. Also, no part of the
name should have any religious, communal or cast
connotation.
2. Has the date of formation of the party been indicated YeslNo
both in figures and words? (Documents/evidence
relating to formation of the party should be furnished.)
3. Has the almlication to the Commission been made YeslNo
within 30 days following the date of formation of the
party?
4. Has the Demand Draft of Rs.lO,OOO/-on account of YeslNo
processing fee been enclosed with the application?
(The Demand Draft should be in favour of Under
Secretary, Election Commission of India payable at
Delhi. Applications received without the processing
fee alongwith the application will not be taken up for
scrutiny.)
5.
Have the following particulars required under Section
29A (4) of the Representation of the People Act,
1951been provided in the application?
(a) the Name of the association or body; YeslNo
YeslNo
(b) the State in which its head office is
situated;
YeslNo
(c) the address to which letters and other
communications meant for it should be
sent;
8 ,_
(e) the numerical strength of its members, YeslNo
and if there are categories of its
member, the numerical strength in each
category;
Reference
(d) the names of its President, Secretary, Yes/No page No.
Treasure and other office-bearers;
(f) whether it has any local units; is so, at YeslNo
what levels;
(g) whether it is represented by any Yes/No
member or members in either House of
Parliament or of any State Legislature;
if so, the number of such member or
members;
6. Have the following additional particulars required
under Para 2 of the Registration of Political Parties
(Furnishing of Additional Particulars) Order, 1992
been provided separately with the application?
(a) the principles on which the association Yes/No
or body is based;
(b) the policies, aims and objects it pursues YeslNo
or seeks to pursue;
(c) its program, functions and activities for YeslNo
the purpose of carrymg out its
principles, policies, aims and objects;
(d) the names of the main organs (by YeslNo
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 YeslNo
Body with the electors and the popular
support it enjoys, along with tangible
proof, if any, of such relationship and
support.
(None of the above items should be left blank even if
some of the details are provided in the party
constitution)
9 7. Has the Chief Executive of the party signed the application and the YeslNo Reference
party constitution? J page No.
8. Hasthe affidavit by President/General Secretary ofthe organization, YeslNo
duly sworn before a 1st Class Magistrate/Oath Commissioner,
affirming that no member of. the l2.ar{Jl_is a member of. an}, other
12.olitical12.ar{Jl_ aread}' registered with the Commission, and that no
12roclaimed absconder is a member ai.the 12.ar{Jl_, and that all the
members who have sworn atfj_davit as members o[_the 12.ar(J!_have
a,{l,l2.endedtheir own signature/Tl. befgre the Notar}' who attested
the atfj_davit,and that the 12.ro12.osedotfj_ceof.the uas» is not situated
in a government building and there will be no disturbance or
hardshil2. tor. general {2_ublicb}' oisnias: offJ.ce in the said usmisss
and that there will not be an}' violation of.law if.l2.art}'offJ.ce runs
fLom the said 12.remisesand in case of. an}' disturbance to general
12.ublic,the {2_art}'will shifl its offJ.ce to some other building, been
submitted?
9. Has the total number of members of the party been indicated (both YeslNo
in figures and words)?
10. Have the certified extracts of E. Roll or EPICs in respect of at least YeslNo
100 members (including officer bearers/members/Executive
Committee) been furnished? (The extract should be certified by the
ERO concerned. Alternatively, photocopies of EPICs of the
members duly attested by a Gazetted officer or Notary should be
submitted.)
11. Have individual affidavits on stamp paper of at least Rs. 2/- YeslNo
denomination and duly sworn before a 1st Class Magistrate/Oath
Commissioner /Notary Public from the aforesaid 100 members of
the organization been furnished? (In the affidavits the members
should affirm that en he/she is a member of. the applicant 12.art}'
(name of.the uen» should be mentioned2 (jil he/she is a registered
elector in a {2_articularconstituency' (name of.the Constituenc}, to be
given2 and Oiil he/she is not a member of.an}' other 12.0litical{2_art}!_
registered with the Commission or whose al2.J2lication fgr
registration with the commission ispending disposal).
12. Has a list of office bearers and members been furnished and the YeslNo
certified copy of electoral rolls or EPICs and individual affidavits
enclosed as per the sequence of the list.
13. Has a copy of the party constitution with all details and provisions YeslNo
regarding the administrative set-up and functioning of the party on
democratic basis been enclosed with application? Especially check
the following: -
(i) Whether the constitution has been adopted by General Body and
some authenticated documentary proof enclosed?
10 (ii) Whether the constitution provides for- Reference
page No.
(a) Periodic regular election to all offices Yes/No
& office bearers
(b) Declares democracy, socialism & Yes/No
secularism as its basic tenets.
(c) Declares that party will not, in any Yes/No
manner, promote or instigate or
participate in violence;
(d) Declares that party will hold periodic Yes/No
(period to be specified in constitution
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