Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Haryana - Section

Section 3 in The Haryana Registration of Political Parties and Symbols (Reservation and Allotment) Order, 2004

3. Registration of Political Parties.

(1)Any association or body of individual citizens calling itself a political party, or a political party already registered with the Election Commission of India, and intending to avail itself of the provisions of this Order, shall make an application to the State Election Commission for its registration as a Political Party for purposes of election to local bodies in the State.
(2)Every application under sub-paragraph (1) shall be signed by the chief executive officer of the association or body or political party (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.
(3)Every such application shall contain the following particulars, namely :-
(i)the name of the association or body or political party;
(ii)location of its head office;
(iii)the address to which letters and other 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 are categories 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 office-bearers or members in any of the local bodies in the State, if so, their number and particulars relating to the office they are holding and name of the local body concerned;
(viii)whether it has already registered itself as a political party with the Election Commission of India, as if so, whether it is recognised as a National Party or a State Party;
(4)
(a)The application under sub-paragraph (1) shall be accompanied by a copy of the memorandum, or rules and regulations, of the association or body by whatever name called, duly signed by the President, Secretary and three other founder members, 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.
(b)In the case of political party already registered with the Election Commission of India, the application shall be accompanied by the documentary evidence of its registration with the Election Commission of India, Symbol particulars and a certified copy of the party constitution, by whatever name called.
(5)The application shall also be accompanied by a declaration to the effect that the applicant has read and understood the provisions of this Order and that the political party sought to be registered by him shall abide by the provisions of this order.
(6)The Commission may call for such other particulars, as it may deem fit from the association or body or political party.
(7)After considering all the particulars as aforesaid in its possession, and any other necessary and relevant facts and after giving the representatives of the association or body or political party, a reasonable opportunity of being heard, the Commission shall decide either to register the association or body or political party, as political party for the purposes of this Order, and subject to such restrictions and conditions as may, by order, be specified by the Commission, or not so to register it; and the Commission shall communicate its decision to the association or body or political party :Provided that, no association or body or political party shall be registered as a political party under this sub-paragraph unless the memorandum or rules and regulations of such association or body or the constitution of the political party conform to the provisions of sub-paragraph (4).
(8)The decision of the Commission shall be final.
(9)After an association or body or political party has been registered as a political party as aforesaid :-
(a)any charge in its name, head office, office-brears, address or in any other material matter shall be communicated to the Commission without delay;
(b)such associations or body or political party shall maintain true accounts of its income and expenditure, and particularly maintain separate accounts for the expenditure incurred in connection with local body elections, indicating details of the expenditure incurred on the general publicity of the party, and candidate-wise expenditure incurred for promoting the election of specific candidates set up or supported by the party in various elections to local bodies;
(c)a copy of the annual audited accounts of the party and a copy of the income-tax returns filed under the law for the relevant year shall be filed in the office of the Commission within a period of one year after the end of the relevant financial year;
(d)should observe the provisions of the Model Code of Conduct for Local Body Elections issued by the Commission;
(e)follow or carry out the lawful directions and instructions of the Commission, given from time to time, with a view to furthering the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and electorate in particular.
(10)If an application for registration of the Political Parties is submitted to the State Election Commission not later than forty-five days from the date fixed for General Elections, then it shall be considered only after completion of the General Elections.Part-III Allotment of Symbols