Annexure A Checklist

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(ANNEXURE- II)

CHECK LIST TO BE FILED AND ATTACHED WITH APPLICATION 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 applicant Party/Organisation been Yes/No
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 Yes/No


both in figures and words? (Documents/evidence
relating to formation of the party should be furnished.)

3. Has the application to the Commission been made Yes/No


within 30 days following the date of formation of the
party?

4. Has the Demand Draft of Rs.10,000/- on account of Yes/No


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 ; Yes/No


Yes/No
(b) the State in which its head office is
situated ;
Yes/No
(c) the address to which letters and other
communications meant for it should be
sent ;
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Reference
(d) the names of its President, Secretary, Yes/No page No.
Treasure and other office-bearers ;
(e) the numerical strength of its members, Yes/No
and if there are categories of its
member, the numerical strength in each
category ;
(f) whether it has any local units; is so, at Yes/No
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 Yes/No


or seeks to pursue ;

(c) its program, functions and activities for Yes/No


the purpose of carrying out its
principles, policies, aims and objects ;

(d) the names of the main organs (by Yes/No


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 Yes/No


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)

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7. Has the chief Executive of the party signed the Yes/No Reference
application and the party constitution? page No.

8. Has the affidavit by President/General Secretary of the Yes/No


organization, duly sworn before a 1st Class
Magistrate/Oath Commissioner, affirming that no
member of the party is a member of any other political
party already registered with the Commission, and that
no proclaimed absconder is a member of the party and
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, been submitted?

9. Has the total number of Members of the party been Yes/No


indicated (both in figures and words)?

10. Have certified extracts of electoral rolls in respect of at Yes/No


least 100 members (including office
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 Yes/No


Rs. 2/- 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 (i) he/she is a member of the applicant party
(name of the party should be mentioned) (ii) he/she is
a registered elector in a particular constituency (name
of the Constituency to be given) and (iii) he/she is not a
member of any other political party registered with the
Commission or whose application for registration with
the commission is pending disposal).
12. Has a list of office bearers and members been furnished Yes/No
and the 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 Yes/No
provisions 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?
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(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
but at least once in 4 years) elections to
all positions of office bearers and
organs of the party;
(e) Declares that party must contest an Yes/No
election conducted by the Election
Commission within five years of its
registration and thereafter should
continue to contest. (if the party does
not contest elections continuously for
six years the party will be taken off the
list of registered parties;)

(f) Declares that party must get its account Yes/No


audited during each financial year by a
Chartered Accountant and submit its
copy to the Election Commission
within a period of 60 days after the end
of each financial year.

14. Has the Chief Executive of the party authenticated the Yes/No
party constitution on each page with his full signature
and the seal of the party affixed thereon?

15. Has the mandatory provision as in section 29A (5) of Yes/No


the Representation of the People Act, 1951 that 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 been provided in the text of the party
constitution in these exact wordings?

16. Have the names of all main organs (committees, Yes/No


councils, etc. of the party) and all office bearers of the
said organs been furnished.

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17. Have functions and powers of each organ of the party Yes/No Reference
and office-bearers been given? (Even if some of the page No.
organs have not been constituted at the time of
submission of the application, the party Constitution
should cover all organs).

18. Has it been specifically provided in the Party Yes/No


Constitution that only Indian Citizen who have attained
the age of 18 years are eligible to be members of the
party.
There should be no restrictions on the
membership of the party, and party membership should
be open to any adult Indian Citizen.

19. Have explicit and clear provisions regarding Yes/No


organizational elections at different levels and term of
office (normally not exceeding 4 years) of various
committees/office bearers been provided in the party
constitution?
There should be clear provisions to show that
all apex level committees and representative bodies of
the Party are constituted though democratic election
process. Nomination of members of such bodies, if at
all provided, should be restricted to a minimum scale,
not exceeding 1/3rd of the strength of the
Committee/Body.

20. Has clear provision been provided to the effect that Yes/No
election process to various offices of the party is
democratic (No office should be hereditary or held
permanently?)

Dose the Party constitution also clearly show that the Yes/No
functioning of the party is democratic?

Is decision making process by way of majority views Yes/No


of the representative bodies of appropriate level?

21. Has the procedure for merger and dissolution of the Yes/No
party been provided in the constitution?
(Such important decisions should be taken with
consultation at all levels of the party. The provisions
should be clear in this regard.)
22. Does the party constitution have a specific clause that
any amendment to the Constitution must be approved
by the General Body of the party
23. Has the procedure of disciplinary action against the Yes/No
erring members been given in the constitution?

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24. Have the particulars of Bank Account and PAN, if any, Yes/No Reference
in the name of the party been supplied? page No.

25. Has no objection certificate from the owner of the Yes/No


house/premises where the party office is situated been
furnished with certified copies of tangible proof of
ownership of the premises such as House Tax Receipt
or Registry Papers.

26. Has a no objection certificate from the Local Body, Yes/No


Municipality, 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/premises where the party office
is situated been furnished?

27. Has the provision for valid meetings of the various Yes/No
Committees, councils and other representative bodies
of the party, that the quorum should be minimum of
1/3rd members of the Committee/Council/Body, been
provided in the Party Constitution?

28. Have the separate affidavits from the office bearers of Yes/No
the main organs of the applicant party in respect of
their assets and liabilities, been furnished?
29. Have the office bearers of the applicant party furnished Yes/No
a copy of the Income Tax Returns filed for the last
three years, if they are Income Tax payees.
30. If they are not Income Tax payee, has he/she furnished Yes/No
certified details of his/her monthly income alongwith
source of income.
31. Have the details of PAN Card in respect of office Yes/No
bearers of the party been furnished?
32. Have the affidavits from the office bearers of the main Yes/No
organs of the party showing information about their
criminal antecedents been furnished in affidavit form?

N.B. [Applications containing all particulars/documents as per the CHECK LIST, will be
processed and the applicant called for a personal hearing within a reasonable period of 2
to 3 months from the date of receipt of complete application. In case no reply/response is
received from the Commission till that period, the applicant is advised to contact the
Commissions Secretariat.]

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