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Report No. 170

Part II-A

Organisation of Political Parties and matters incidental thereto

Section 11A: (1) Political parties can be freely formed by the citizens of this country.The political parties shall form a constitutionally integral part of free and democratic system of Government.

(2) Each political party shall frame its constitution defining its aims and objects and providing for matters specified in section 11A.The aims and objects of a political party shall not be inconsistent with any of the provisions of the Constitution of India.

(3) A political party shall strive towards, and utilise its funds exclusively for, the fulfillment of its aims and objects or goals and ideals set out in the Constitution of India.

(4)(a) A political party shall apply for registration with the Election Commission of India.

(b) Every such application shall be made,-

(i) if the association or body is in existence at the commencement of the Representation of the People and other Allied Laws (Amendment) Act, 1999 (_____ of 1999), within sixty days next following such commencement;

(ii) if the association or body is formed after such commencement, within thirty days next following the date of its formation.

(c) Every application under sub-section (4) shall be signed by the Chief executive officer or the association or body (whether such chief executive officer is known as Secretary or by any other designation) and presented to the Secretary to the Commission or sent to such Secretary by registered post.

(d) Every such application shall contain the following particulars, namely :-

(i) the name of the association or body;

(ii) the State in which its head office is situated;

(iii) the address to which letters andother communications meant for it should be sent;

(iv) the names of its president, secretary, treasurer and other office-bearers;

(v) the numerical strength of its members, and if there is more than one category of its members, the numerical strength in each category;

(vi) whether it has any local units; if so, at what levels;

(vii) whether it is represented by any member or members in either House of parliament or any State Legislature; if so, the number of such member or members.

(viii) a declaration that the applicant has complied with and shall continue to comply with the requirements of this chapter.

(e) The application under sub-section (4) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body 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.

(f) The Commission may call for such other particulars as it may deem fit from the association or body.

(g) After considering all the particulars as aforesaid in its possession and any other necessary and relevant factors and after giving the representatives of the association or body reasonable opportunity of being heard, the Commission shall decide either to register the association or body as a political party for the purpose of this Part, or not so to register it; and the Commission shall communicate its decision to the association or body:

Provided that no association or body shall be registered as a political party under this sub-section unless the memorandum or rules and regulations of such association or body conform to the provisions of clause (e).

(h) The decision of the Commission shall be final.

(i) After an association or body has been registered as a political party as aforesaid, any change in its name, head office, office-bearers, address or in any other material matters shall be communicated to the Commission without delay.

(5) Only a political party registered with Election Commission of India, and whose registration is not cancelled under this Act, shall be entitled to contest elections either to Lok Sabha or a Legislative Assembly.

Reform of The Electoral Laws Back

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