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Andhra Pradesh Gazette · Government of Andhra Pradesh

Amendments to Registration of Political Parties and Allotment of Symbols Order, 2001 - Notification - Issued.

Published 04 February 2019

Department
PANCHAYAT RAJ AND RURAL DEVELOPMENT
Type
Extraordinary
Gazette no.
1159
Part
Part VII
Notification no.
1-(2018-2019)
Identifier
in.gazette.andhra.2019-02-04.4457
Languages
English, Telugu

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Registered No. HSE-49/2016

PART VII EXTRAORDINARY

No.12 AMARAVATI, MONDAY, FEBRUARY 4, 2019 G.1159 NOTIFICATIONS BY GOVERNMENT

--x--

ANDHRA PRADESH STATE ELECTION COMMISSION

Amendments to Registration of Political Parties and

Allotment of Symbols Order, 2001

NOTIFICATION

No. 62/SEC-L/2019: In exercise of the powers conferred under Article 243K read with Article 243ZA of the Constitution of India, the State Election Commissioner, hereby makes the following amendments to the Registration of Political Parties and Allotment of Symbol Order, 2001 (Symbol Order, 2001), as amended from time to time, namely:-

Short Title and Commencement:-

(i) This Notification may be called "The Registration of Political Parties and Allotment of Symbols (Amendment) Order, 2019".

(ii) It shall come into force with immediate effect.

Amendments in Part-II of the Symbol Order, 2001:-

1) In sub-paragraph (2) of paragraph 3, the following sentence shall be

added at the end, namely:-

The application including annexures should be page numbered continuously.

2) In sub-paragraph (3) of paragraph 3, clause (h) shall be deleted and

the following clauses shall be inserted as clause (h) and clause (i):-

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

(i) whether it has already registered itself as a political party with the Election Commission of India, and if so, whether it is a recognised National Party or State Party or an unrecognised party.

1

3) In sub-paragraph (4)(a)(ii) of paragraph 3, after the words "constitution

of the Party", the following words shall be inserted, namely:-

(a model of structure and components of the constitution is at Annexure-III) 4) In sub-paragraph (4)(a)(ii) of paragraph 3, following two additional provisos shall be added after the proviso "NOTE";

In case of recognised National Party, it shall be authenticated by both the National and State level Secretary/President/Chairman of the Party.

In case of recognised State Party in other States, it shall be authenticated by Secretary/President/Chairman of the Party where (i.e., the State) it is recognised and also Secretary/President/ Chairman of that State.

5) In sub-paragraph 4(a) of paragraph 3, clause (iv) shall be substituted

with the following:-

(iv) Besides, procedure 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.

6) In sub-paragraph 4(a) of paragraph 3, in clause (vi), after the words

"the Commission", the following words shall be inserted, namely:-

"(Specimen of Affidavit is at Annexure-V)".

7) In sub-paragraph 4(a) of paragraph 3, in clause (vii), after the words

"being furnished", the following words shall be added, namely:-

"(Specimen of Affidavit is at Annexure-VI)".

8) In sub-paragraph 4(a) of paragraph 3, in clause (viii), after the words

"Bank accounts", the following words shall be inserted, namely:-

"and Permanent Account Number (PAN) if any"

9) In sub-paragraph 4(a) of paragraph 3, below clause (viii), the following

twelve clauses shall be added as clause (ix) to clause (xx):-

(ix) List of office bearers and members of the Party mentioned at V and VII above.

(x) Separate affidavits from the office bearers of the main organs of the Party in respect of their assets and liabilities (Specimen format is at Annexure- VII).

(xi) Copies of Income Tax returns of office bearers of the Party for last three years, if they are income tax payers. In case, any office bearer is not income tax payee, certified details of his / her monthly income along with source of income.

(xii) Copies of PAN cards of office bearers of the Party.

2

(xiii) Affidavits from the office bearers of the main organs of the Party showing information about their criminal antecedents in affidavit form (Format is at Annexure - VIII).

(xiv) Authenticated proof showing that the Party Constitution has been adopted by the General Body of the Party.

(xv) Declare in the constitution of the Party that, it will submit a copy of the annual audited accounts and a copy of the income tax returns filed under the law of the Party to the State Election Commission within a period of six months after the end of the relevant financial year.

(xvi) The applicant party must ensure in its constitution itself, by virtue of a specific clause that the party will not, in any manner, promote or instigate or participate in violence.

(xvii) A specific clause shall be provided 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.

(xviii) A specific clause shall be provided in the constitution of the Party that, any amendment to the constitution shall be approved by the General Body of the Party.

(xix) The party must declare in its constitution that it must contest an election conducted by the Commission within 5 years of its registration. (If the party does not contest elections continuously for 6 years, the party shall be liable for deregistration).

(xx) A check list with clear answer against each item therein be submitted with application (specimen of check list is indicated in the Annexure-II) the relevant page number of application, where the details of the particular item in check list can be verified, must be indicated by the party.

10) In sub-paragraph (8) of paragraph 3, clause (i) shall be substituted with

the following clause, namely:-

(i) After submitting the application to the Commission, the applicant Party shall get published a notice in two "widely circulated" daily newspapers in the State of Andhra Pradesh, of which one shall be in Telugu. The term "widely circulated" shall mean those daily newspapers whose circulation is certified by a reputed and independent third party agency such as Audit Bureau of Circulation (ABC) and ranks as one amongst the top three daily news papers within the given language. In case registration is sought by a recognised National or State Party with a symbol reserved by the ECI, the notice shall be published in the format given in Annexure-IX to this order. In case registration is sought by a political party without reserved symbol, the notice shall be published in the format given in Annexure-X. After the submission of the published notice by the applicant Party, the Commission shall publish the notice in Andhra Pradesh Gazette before processing the case further.

11) In sub-paragraph (8) of paragraph 3, clause (ii) shall be substituted

with the following clause, namely:-

(ii) If no objection is received within 15 days from the date of publication in newspapers and in Andhra Pradesh Gazette as specified in sub-paragraph (i) above, it shall be competent for the State Election Commission to register the political party as proposed in the notice. 3

12) In paragraph 3, sub-paragraph 9 (a) shall be substituted with the

following:-

(i) any change in its name, head office, office-bearers, address or in any other material matters shall be communicated to the Commission without delay. Any change in name of the Party shall be adopted by the general body of the Party and thereafter the Party shall get published a notice in two "widely circulated" daily news papers in the State of Andhra Pradesh, of which one shall be in Telugu. The term "widely circulated" shall mean those daily news papers whose circulation is certified by a reputed and independent third party agency such as Audit Bureau of Circulation (ABC) and ranks as one amongst the top three daily news papers within the given language. The notice should indicate therein, the proposed change of name of the Party and calling for objections if any for such change of name of the Party from the general public (a specimen notice is at Annexure-XI). The applicant party shall submit the publication of notice in original to the Commission. After the submission of the published notice by the applicant Party, the Commission shall publish the notice in Andhra Pradesh Gazette before processing the case further.

(ii) If no objections are received within 15 days from the date of publication in newspapers / Andhra Pradesh Gazette as specified in sub-para above, it shall be competent for the State Election Commission to change the name of the political party as proposed in the notice.

(iii) If any objection is received, the State Election Commission may consider the same and in case it is found to be flimsy, it may reject the same and change the name of the political party. If on the other hand the State Election Commission considers that the objection is prima facie genuine, then the same shall be communicated to the applicant and his remarks shall be called for. After receipt of the remarks the Commission may either decide the matter on merits on the basis of the records available or it may give personal hearing to the parties concerned and take a decision thereafter. The decision of the State Election Commission shall be final.

13) In paragraph 3, sub-paragraph 9 (c) shall be substituted with the

following:-

(c) Every Political Party invariably to maintain accounts and copy of the annual audited accounts along with a copy of the income-tax returns, if any filed under the law for the relevant financial year shall be submitted in the office of the Commission within a period of six months after the end of the relevant financial year, even if it is "NIL" it has to be audited and submitted as "NIL". In case of recognised political parties a copy of audited annual accounts submitted to the ECI (or) a copy of acknowledgement showing that the party has submitted audited accounts to ECI has to be submitted to the APSEC within a period of six months after the end of the relevant financial year.

4

Amendments in Part-III of the Symbols Order:-

14) In sub-paragraph (1) of paragraph 6, the following words shall be

inserted between the words "recognised National Party" and "at any

election":-

"and registered with the State Election Commission"

15) In sub-paragraph (2) of paragraph 6, the following words shall be

inserted between the words "recognised State Party" and "at any

election":-

"and registered with the State Election Commission"

16) Paragraph 8 shall be substituted with the following:-

8. When a candidate shall be deemed to be set up by a political party:-

a) The following categories of political parties, which are registered with the State Election Commission, as per the Registration of Political and Allotment of Symbols Order, 2001 (Symbol Order, 2001), are entitled to set up candidates in local body elections.

i) Recognised National Parties ii) Recognised State Parties in the State of Andhra Pradesh iii) Recognised State Parties of other States iv) Registered Political Parties with a reserved symbol v) Registered Political Parties without a reserved symbol vi) Registered Political Parties without a reserved symbol for which a common free symbol is allotted under paragraph 6A of the Symbol Order, 2001.

b) For the purpose of an election from any local body constituency to which this order applies, a candidate shall be deemed to be set up by a political party in any such local body constituency, if, and only if,

(i) the candidate has made the prescribed declaration to this effect in the nomination paper;

(ii) the candidate is a member of a particular political party and his/her name is borne on the rolls of members of that party;

(iii) a notice by the political party in writing in Form-A and/or Form-B, as the case may be, delivered to the designated authority within the time prescribed herein;

c) Form-A is an intimation from the party authorising a party functionary to sign Form-B setting up candidates for local body constituencies in respect of any area / region / district / local body. Specimen of Form-A is appended to this order. In case of Recognised National Party, the authorisation in Form-A shall be signed by the President / General Secretary of the State Unit of that party. In case of all other categories of political parties (indicated at Sl.No. (ii) to (iv) in sub- paragraph (a) above), the authorisation in Form-A shall be issued by the President / General Secretary of that party. 5

d) Form-A shall be delivered to the Collector & District Election Authority concerned before 5:00 P.M. on the last date for making nominations. It is the responsibility of the party concerned to deliver Form-A to the Collectors & District Election Authorities concerned depending upon the areas / regions / districts / local bodies for which the authorisation is applicable.

e) On receipt of authorisation in Form-A containing names and specimen signatures of the party functionaries authorised to issue Form-B in respect of the areas / regions / districts / local bodies, etc., the Collector & DEA shall make xerox copies of Form-A and arrange to send them with his/her endorsement to the Returning Officers concerned before 3:00 P.M. on the last date for withdrawal of candidature. (Note: If xerox copies of Form-A are sent without endorsement, there may be scope for tampering before they reach to the Returning Officer concerned).

f) Form-B is an intimation about the name(s) of the candidate(s) set up by the party for the local body constituencies. Specimen of Form-B is appended to this order. It shall be delivered to the Returning Officer concerned before 3:00 P.M. on the last of withdrawal of candidature. It is the responsibility of the political party concerned to deliver Form-B to the Returning Officer before the deadline.

g) If any political party chose not to authorise any party functionary in Form-A for any area / region / district / local body, the State President / General Secretary in respect of Recognised National Party or President / General Secretary in respect of other political parties indicated in Sl.No. (ii) to (iv) of paragraph (a) above, may directly issue Form-B indicating the name(s) of candidate(s) set up by the party directly to the Returning Officer concerned before the deadline.

h) If any political party has authorised party functionaries in Form-A for issue of Form-B in respect of any area / region / district / local body, such authorised party functionary shall issue Form-B intimating the names of the candidates set up by the party for local body constituencies directly to the Returning Officers concerned before the deadline.

i) Form-A to be delivered to the Collectors & District Election Authorities and Form- B to be delivered to the Returning Officer concerned have to be signed in ink only by the President / General Secretary or persons authorised by the political parties. No facsimile signature or signature by means of rubber stamp, etc., of President / General Secretary or authorised person shall be accepted and no form transmitted by fax shall be accepted by the Collector & DEA or the Returning Officer, as the case may be.

j) Substitution of a candidate by a political party:-

i) A Political Party which has given a notice in Form-B in favour of a candidate for a local body constituency may rescind that notice and may give a revised notice in Form-B in favour of another candidate for that constituency. It should be clearly indicated in the revised notice in Form-B that the earlier notice in Form-B has been rescinded. The revised notice shall reach the Returning Officer concerned before 3:00 P.M. on the last for withdrawal of candidature. The said revised notice in Form-B shall be signed by the same party functionary who has issued earlier notice in Form-B. 6

ii) In case more than one notice in Form-B is received by the Returning Officer in respect of two or more candidates for a local body constituency and the political party fails to indicate in such notices in Form-B that the earlier notice(s) in Form-B has or have been rescinded, the Returning Officer shall accept in notice in Form-B in respect of the candidate whose nomination paper was first delivered to him and the remaining candidate(s) in respect of whom also notice(s) in Form-B has or have been received by him, shall not be treated as candidates set up by such political party.

k) The substitute candidate (also commonly called dummy candidate) of a political party will set in only in the event of the nomination of the main candidate being rejected on scrutiny or withdrawal of candidature by the main candidate (if the nomination of substitute candidate is otherwise valid and he is still in the field).

l) Where a candidate has made a declaration in his nomination paper that he has been set up by the political party but could not produce authorization in Form-A / Form-B from the political party concerned within the stipulated time, he shall be treated as an independent candidate.

m) Where a candidate has not made a declaration in any of his nomination papers that he has been set up by a particular party, he shall not be deemed to have been set up by that party even if that party gives you intimation to that effect in Forms A / Form B subsequently, and he shall not be allotted the symbol reserved for that party. He shall be treated as an Independent.

Vijayawada, Dr. N. Ramesh Kumar,

01.02.2019. State Election Commissioner.

7

ANNEXURE-I

(APPLICATION FOR REGISTRATION OF POLITICAL PARTY)

To The Secretary, A.P. State Election Commission, 1st Floor, New HODs Building, Opp: Indira Gandhi Municipal Stadium, M.G. Road, Vijayawada – 520 010.

Sir,

I request that ______________________________________ (Name of the Party) may be registered as a political party under the Registration of Political Parties and Allotment of Symbols Order, 2001, as amended from time to time. The particulars and documents required to be produced are furnished as under.

1. Particulars required:

a) The Name of the Association or Body :

b) Location of its Head Office :

:

c) The address to which letters and other communications meant for it should be sent

:

d) The names of its President, General Secretary, Treasurer and other office bearers

:

e) The numerical strength of its members, and if there are categories of its members, the numerical strength in each category f) Whether it has any local units; if yes, at :

what levels?

:

g) Whether it has already registered itself as a political party with the Election Commission of India, and if so, whether it is recognised as a National Party or a State Party?

:

h) 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.

:

i) Whether it is represented by any office bearer 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 the local body concerned.

j) Date of formation of the Association or :

Body (both in figures and words)8 k) Particulars of Bank Accounts in the name of :

the party and PAN Number

2. Demand Draft No. & Date, Bank and :

Branch.

3. Duly completed CHECK LIST (Annexure-II) along with requisite documents prescribed therein are enclosed herewith.

Yours faithfully,

Date:

Chairman / President / General Secretary

of the Party

(Office Seal)

9

ANNEXURE-II

CHECK LIST TO BE FILED AND ATTACHED WITH APPLICATION FOR

REGISTRATION OF POLITICAL PARTY

(The application should contain the following particulars / documents. Application must indicate against each of the items in CHECK LIST whether the item has been compiled with or not. None of the items should be left. Application with incomplete CHECK LIST will be summarily rejected)

N ame of the Party: _____________________________________________
Sl. No. Symbol Order Provision in Para No. Item Applicant Remarks Reference Page No.
1. 3(3)(a) Has the name of the applicant party / organisation been 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 caste connotation. Yes/No
2. Has the date of formation of the party been indicated both in figures and words? (Documents / evidence relating to formation of the party should be furnished) Yes/No
3. 3(4)(a)(i) Has the Demand Draft of Rs.10,000/- on account of processing fee been enclosed with the application? (The Demand Draft should be in favour of the Secretary, A.P. State Election Commission, Vijayawada. Applications received without the processing fee along with the application will not be taken up for scrutiny.) Yes/No
4. Have the following particulars as per para 3 in Part-II of the Symbol Order, 2001 been provided in the application? Yes/No
3(3)(a) The Name of the association or body. Yes/No
3(3)(b) The State in which its head office is situated. Yes/No
3(3)(c) The address to which letters and other communications meant for it should be sent. Yes/No
3(3)(d) The names of its President, Secretary, Treasurer and other office bearers. Yes/No
3(3)(e) The numerical strength of its members, and if there are categories of its members, the numerical strength in each category. Yes/No
3(3)(f) Whether it has any local units; if so, at what levels? Yes/No
3(3)(g) Whether it is represented by any member or members in any of the local bodies in the State; if so, there numbers and particulars relating to the offices they are holding and the local body concerned. Yes/No
3(3)(h) 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. Yes/No
3(3)(i) & (b) Whether it has already registered itself as a political party with the Election Commission of India; and if so, whether a documentary evidence of its registration with the ECI, Symbol particulars and certified copies of the Party Constitution enclosed? it is recognised as a (a) Whether National Party or a State Party in other States? (b) Whether it is applied by the same authority (President/ General Secretary) of the Party registered with the ECI? Yes/No
5. Has the Chief Executive of the Party at the Central level signed the application and the Party Constitution? Yes/No
6. 3(4)(a)(vi) Has the affidavit by President / General Secretary of the organisation (in Annexure-V) duly sworn before a 1st Class Magistrate / Oath Commissioner been submitted? Yes/No
7. Has the total number of Members of the party been indicated (both in figures and words)? Yes/No
8. 3(4)(a)(v) Have certified copies of extracts of the latest Electoral Rolls by the Electoral Registration Officer / Assistant Electoral Registration Officer concerned in respect of at least 25 members (including office bearers / members / executive committee) been furnished? Yes/No
9. 3(4)(a)(vii) Have individual affidavits (in Annexure- VI) on stamp paper of at least Rs.10/- denomination and duly sworn before a 1st Class Magistrate / Oath Commissioner / Notary Public from the aforesaid 25 members of the organisation been furnished? Yes/No
10. 3(4)(a)(ix) Has a list of office bearers and members been furnished and the certified copies of extracts of the latest Electoral Rolls and individual affidavits enclosed as per the sequence of the list? Yes/No
11. 3(4)(a)(xiv) Has a copy of the Party Constitution with all details and 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? Yes/No
12. Whether the Constitution provides for -
3(4)(a)(iii) (a) Periodic regular election to all offices and office bearers? Yes/No
3(4)(a)(ii) (b) Declares democracy, socialism and secularism as its basic tenets. Yes/No
3(4)(a)(xvi) (c) Declares that the party will not, in any manner, promote or instigate or participate in violence. Yes/No
3(4)(a)(xvii) (d) Declares that the party will hold periodic (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. Yes/No
3(4)(a)(xix) (e) Declares that the party must contest an election conducted by the State 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 shall be liable for de- registration). Yes/No
3(4)(a)(xv) (f) Declares that the party will submit a copy of the annual audited accounts and a copy of Income Tax Returns filed under the law of the party to the State Election Commission within a period of 6 months after the end of each financial year. Yes/No
3(4)(a)(ii) (g) Contains a specific provision of "true faith and allegiance to the Constitution of India and to the principles of socialism, secularism and democracy and would uphold sovereignty, unity and integrity of India". Yes/No
13. 3(4)(a) (ii) Has the Chief Executive of the Party authenticated the Party Constitution on each page with his full signature and the seal of the party affixed thereon? In case of Recognised National Political Party, it shall be authenticated by both National level and State level Chairman / President / General Secretary of the party. In case of Recognised State Party in other States, it shall be authenticated by Chairman / President / General Secretary of the party. Yes/No
14. Have the names of all main organs (committees, councils, etc., of the party) and all office bearers of the said organs been furnished? Yes/No
15 3(4)(a)(iv) Has the procedure for merger and dissolution of the 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.) Yes/No
16. 3(4)(a) (iv) & (xviii) Does the party constitution have a specific clause that any amendment to the constitution must be approved by the General Body of the party? Yes/No
17. 3(4)(a)(iv) Has the procedure of disciplinary action against the erring members been given in the constitution? Yes/No
18. 3(4)(a)(viii) Have the particulars of Bank Account and PAN, if any, in the name of the party been supplied? Yes/No
19. 3(4)(a)(x) Have the separate affidavits (in Annexure-VII) from the office bearers of the main organs of the applicant party in respect of their assets and liabilities, been furnished? Yes/No
20. 3(4)(a)(xi) Have the office bearers of the applicant party furnished a copy of the Income Tax Returns filed for the last three years, if they are income tax payers? Yes/No
21. 3(4)(a)(xi) If they are not Income Tax payers, has he/she furnished certified details of his/her monthly income along with source of income? Yes/No
22. 3(4)(a)(xii) Have the details of PAN card in respect of office bearers of the party been furnished? Yes/No
23. 3(4)(a)(xiii) Have the affidavits (in Annexure-VIII) from the office bearers of the main organs of the party showing information about their criminal antecedents been furnished in affidavit form? Yes/No
24. 3(5) Is the application accompanied by a declaration (in Annexure-IV) to the effect that the applicant has read and understood the provisions of the Symbols Order and that the Political Party sought to be registered by him shall abide by the provisions of the Symbols Order. Yes/No
11 12 13

ANNEXURE-III

STRUCTURE AND COMPONENTS OF THE PARTY CONSTITUTION

Party Constitution should be drawn on following lines:
Article I: Name of the Party (Should not contain religion or caste and should not be similar to that of another party registered with the A.P. State Election Commission or with the Election Commission of India or its translation)
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 (Organisational 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 4 years; Periodic elections at least once in 4 years)
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 members to each of these office bearers (Should be elected. Not more than 1/3rd can be nominated; Fixed tenure not exceeding 4 years for every one; Periodic elections at least once in 4 years)
Article VI: Rules of Dispute Resolution and 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 utilised for political activities; Accounts to be maintained on accrual system: To be annually audited; Audited annual accounts to be submitted to the State Election Commission 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 sub-clause (ii) of clause (a) of sub-paragraph (4) (a) of paragraph 3 in Part-II of the Symbol Order that the party shall bear true faith and allegiance to the Constitution of India as by law established and to the principles or socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India.
14

ANNEXURE-IV

DECLARATION

I, Sri / Smt. / Kum. ______________________________________, Chairman / President / General Secretary of ___________________________________ (Name of the Party) do, hereby, declare that I have read and understood the provisions of the Registration of Political Parties and Allotment of Symbols Order, 2001, as amended from time to time; and _____________________________________ (Name of the Party) shall abide by the provisions of the Order.

Chairman / President /

General Secretary of the Party

(Office Seal)

15

ANNEXURE-V

SPECIMEN OF AFFIDAVIT TO BE SIGNED BY THE CHAIRMAN / PRESIDENT / GENERAL

SECRETARY OF THE PARTY TO BE SWORN BEFORE A 1ST CLASS MAGISTRATE /

OATH COMMISSIONER / NOTARY PUBLIC

I, ___________________________________________ (Deponent), Son / Daughter of Sri _____________________________________, Resident of ______________ ___________________________________________ do, hereby, solemnly affirm and state as follows:-

1. That I am Chairman / President / General Secretary of the ___________________ (Name of the applicant party).

2. That no member of the party is a member of any other political party registered with the State Election Commission or whose application for registration with the State Election Commission is pending disposal.

3. That no proclaimed absconder is a member of the party.

4. That all the members who have appended their own signatures / thumb impressions, before the Notary who attested the affidavit, been submitted.

5. I declare that the above facts are true and correct to the best of my knowledge and belief.

DEPONENT

16

ANNEXURE-VI

SPECIMEN OF INDIVIDUAL AFFIDAVIT IN RESPECT OF AT LEAST 25 MEMBERS

(INCLUDING ALL OFFICE BEARERS) OF THE PARTY TO BE SWORN BEFORE A

1ST CLASS MAGISTRATE / OATH COMMISSIONER / NOTARY PUBLIC

I, ___________________________________________ (Deponent), Son / Daughter of Sri _____________________________________, Resident of ______________ ______________________________________________ do, hereby, solemnly affirm and state as follows:-

1. That I am a member of the ___________________ (Name of the applicant party).

2. That I am a registered elector in ________________________ Assembly Constituency (Mention the Serial No. And Name of the Assembly Constituency).

3. That I am not a member of any other political party registered with the State Election Commission or whose application for registration with the State Election Commission is pending disposal.

4. I declare that the above facts are true and correct to the best of my knowledge and belief.

DEPONENT

17

ANNEXURE-VII

AFFIDAVIT TO BE FURNISHED BY THE OFFICE BEARERS (PRESIDENT, VICE-PRESIDENT,

GENERAL SECRETARY, TREASURER) OF THE APPLICANT PARTY REGARDING ASSETS AND

LIABILITIES TO BE SWORN BEFORE A 1ST CLASS MAGISTRATE /

OATH COMMISSIONER / NOTARY PUBLIC

I, _____________________________, son/daughter/wife of ______________________, aged _____ years, resident of _________________________________________________, holding the office of ______________________ (mention the name of office) of the ________________________ (mention the name of the political party), do hereby solemnly affirm and state on oath as under:- (strike whichever is not applicable).

2. That the details of the assets (movable, immovable, bank balance, etc.) of myself, my spouse and dependents* are given below:-

A. Details of Movable Assets:- (Assets in joint name indicating the extent of joint ownership will also have to be given)

S.No. Description Self Spouse(s) Name(s): Dependent-1 Name: Dependent-2 Name: Dependent-3 Name:
(i) Cash
(ii) Deposits in Banks, Financial Institutions and Non-Banking Financial Companies
(iii) Bonds, Debentures and Shares in companies
(iv) Other Financial instruments, NSS, Postal Savings, LIC, Policies, etc.
(v) Motor Vehicles (details of make, etc.)
(vi) Jewellery (give details of weight and value)
(vii) Other assets, such as values of claims / interests
Note: Value of Bonds / Shares / Debentures as per the latest market value in Stock Exchange in respect of listed companies and as per books in the case of non-listed companies should be given. * Dependent here means, a person substantially depends on the income of the candidate.

B. Details of Immovable Assets:- (Note: Properties in joint ownership indicating the extent of joint ownership will also have to be indicated)

S.No. Description Self Spouse Dependent-1 Dependent-2 Dependent-3
(i) Agricultural Land: - Location(s) - Survey number(s) - Extent (total measurement) - Current market value
(ii) Non-Agricultural Land: - Location(s) - Survey number(s) - Extent (total measurement) - Current market value
(iii) Buildings (Commercial and Residential): - Location(s) - Survey / door number(s) - Extent (total measurement) - Current market value
(iv) Houses / Apartments, etc.: - Location(s) - Survey / door number(s) - Extent (total measurement) - Current market value
(v) Others: (such as interest in property)
18

(3) I give herein below the details of liabilities / over dues to public financial institutions and government:- (Note: Give separate details for each item).

S.No. Description Name and address of Bank / Financial Institution(s) / Department(s) Amount outstanding as on __________
Banks / Financial Institutions:
(a)(i) Loans from Banks
(ii) Loans from Financial Institutions
Government dues -
Government Dues:
(iii) (a) Dues to departments dealing with government accommodation
(b) Dues to departments dealing with supply of water
(c) Dues to departments dealing with supply of electricity
(d) Dues to departments dealing with telephones
(e) Dues to departments dealing with government transport (including aircrafts and helicopters)
(f) Other dues, if any
(b)(i) PAN Number
(ii) Income Tax Return for the last Assessment Year
(iii) Wealth Tax Return for the last Assessment Year
(iv) Sales Tax Return for the last Financial Year (only in case of proprietary business)
(v) Property Tax for the last Financial Year

DEPONENT

VERIFICATION

I, the deponent above named, do hereby verify and declare that the contents of this affidavit are true and correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed therefrom.

Verified at ____________________ this the __________ day of ________________, 20___.

DECLARANT

19

ANNEXURE-VIII

AFFIDAVIT TO BE FURNISHED BY THE OFFICE BEARERS (PRESIDENT, VICE-PRESIDENT,

GENERAL SECRETARY, TREASURER) OF THE APPLICANT PARTY REGARDING CRIMINAL

BACKGROUND TO BE SWORN BEFORE A 1ST CLASS MAGISTRATE /

OATH COMMISSIONER / NOTARY PUBLIC

I, _____________________________, son/daughter/wife of ______________________, aged _____ years, resident of _________________________________________________, holding the office of ______________________ (mention the name of office) of the ________________________ (mention the name of the political party), do hereby solemnly affirm and state on oath as under:- (strike whichever is not applicable).

(1) I have not been convicted by any court of law for any offence

(OR)

I have been convicted in the following cases as per details below:-

(i) Case/First Information Report No./Nos.___________ (ii) Court(s) which passed the order of conviction _________________ (iii) Police Station(s) _____________ district(s) _____________ State(s)_________ (iv) Section(s) of the concerned Act(s) and short description of the offence(s) for which the candidate has ever been charged _____________

(v) Date(s) on which the sentence(s) was/were pronounced ____________ (vi) Whether the sentence(s) has/have been stayed by any court(s) of competent jurisdiction ______________________

(2) No case is pending against me before any court of law:-

(OR)

The following case(s) is/are pending against me in which cognizance has been taken by the court, as per details below:-

(i) Section of the Act and description of the offence for which cognizance taken: _____ (ii) Court(s) which has taken cognizance: _________________ (iii) Case No.(s) _____________ (iv) Date(s) of order of the court taking cognizance: ___________ (v) Details of appeal(s)/application(s) for revision, etc., if any, filed against above order taking cognizance:________________________

DEPONENT

VERIFICATION

I, the deponent above named, do hereby verify and declare that the contents of this affidavit are true and correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed therefrom.

Verified at ____________________ this the __________ day of ________________, 20___.

DECLARANT

20

ANNEXURE-IX

NOTICE TO BE PUBLISHED IN DAILY NEWSPAPERS OF THE STATE FOR REGISTRATION

OF RECOGNISED NATIONAL / RECOGNISED STATE PARTY IN THE STATE OF ANDHRA

PRADESH / RECOGNISED STATE PARTY IN OTHER STATES BY ECI WITH THE ANDHRA

PRADESH STATE ELECTION COMMISSION AND CALLING FOR OBJECTIONS FROM THE

GENERAL PUBLIC

NOTICE FOR REGISTRATION OF POLITICAL PARTY WITH ANDHRA PRADESH STATE ELECTION COMMISSION (Published as per the directions of Andhra Pradesh State Election Commission)

Date:____________ Notice is, hereby, given to the general public that Sri/Smt./Kum. ______________________, Chairman / President / General Secretary intends to register a political party under the name and style of ______________________________ (Name of the Party), which is a Recognised National / Recognised State Party in the State of Andhra Pradesh / Recognised State Party in other States of _____________________________ by ECI, with reserved Symbol of _________________ (Name of the Symbol) in those States and to reserve to that Party the same symbol of ________________ (Name of the symbol) under the Registration of Political Parties and Allotment of Symbols Order, 2001. The main office bearers of the Party are: (1) Sri/Smt./Kum.__________________; (2) Sri/Smt./Kum.__________________; (3) Sri/Smt./Kum.__________________. Objections, if any, for such registration from the general public, shall be sent to the Secretary, Andhra Pradesh State Election Commission, 1st Floor, New HODs Building, Opp: Indira Gandhi Municipal Stadium, M.G. Road, Vijayawada – 520 010, Andhra Pradesh, within 15 days from the date of publication of this notice. If no objections are received within the time stipulated, the Commission will process to register _____________________ (Name of the Party) as a political party and allot the Symbol ________________ (Name of the symbol) to it to contest in elections to Local Bodies (Sthanika Samsthalu) held on party basis in the State of Andhra Pradesh.

Chairman / President / General Secretary

________________ (Name of the Party)

Note: The Notice shall be published in not less than the size of 8 cm x 6 cm and the heading in not less than 1 cm height with bold letters.

21

ANNEXURE-X

NOTICE TO BE PUBLISHED IN DAILY NEWSPAPERS OF THE STATE FOR REGISTRATION

OF A POLITICAL PARTY WITHOUT RESERVED SYMBOL WITH THE ANDHRA PRADESH

STATE ELECTION COMMISSION AND CALLING FOR OBJECTIONS FROM THE

GENERAL PUBLIC

NOTICE FOR REGISTRATION OF NEW POLITICAL PARTY WITH ANDHRA PRADESH STATE ELECTION COMMISSION (Published as per the directions of Andhra Pradesh State Election Commission)

Date:____________ Notice is, hereby, given to the general public that Sri/Smt./Kum. ______________________, Chairman / President / General Secretary intends to register a political party without reserved symbol with the Andhra Pradesh State Election Commission under the name and style of _________________________ (Name of the Party) under the Registration of Political Parties and Allotment of Symbols Order, 2001. The main office bearers of the Party are: (1) Sri/Smt./Kum.

________________; (2) Sri/Smt./Kum._______________; (3) Sri/Smt./Kum.________________.

Objections, if any, for such registration from the general public, shall be sent to the Secretary, Andhra Pradesh State Election Commission, 1st Floor, New HODs Building, Opp: Indira Gandhi Municipal Stadium, M.G. Road, Vijayawada – 520 010, Andhra Pradesh, within 15 days from the date of publication of this notice. If no objections are received within the time stipulated, the Commission will process to register _____________________ (Name of the Party) as a political party to contest in elections to Local Bodies (Sthanika Samsthalu) held on party basis in the State of Andhra Pradesh.

Chairman / President / General Secretary

________________ (Name of the Party)

Note: The Notice shall be published in not less than the size of 8 cm x 6 cm and the heading in not less than 1 cm height with bold letters.

22

ANNEXURE-XI

NOTICE TO BE PUBLISHED IN DAILY NEWSPAPERS OF THE ANDHRA PRADESH STATE

FOR THE PROPOSED CHANGE OF NAME OF THE POLITICAL PARTY AND CALLING FOR

OBJECTIONS FROM THE GENERAL PUBLIC

NOTICE

Date:____________ Notice is, hereby, given to the general public that Sri/Smt./Kum. ______________________, Chairman / President / General Secretary proposed to change the name of the _________________________ (Name of the Party) which is a Recognised National Political Party / Recognised State Party in the State of Andhra Pradesh / Recognised State Party in other States / Registered Political Party with reserved symbol with the Andhra Pradesh State Election Commission as ____________________________ (proposed new name of the Party) under the Registration of Political Parties and Allotment of Symbols Order, 2001. Objections, if any, for such change of name of the party shall be sent to the Secretary, Andhra Pradesh State Election Commission, 1st Floor, New HODs Building, Opp: Indira Gandhi Municipal Stadium, M.G. Road, Vijayawada – 520 010, Andhra Pradesh, within 15 days from the date of publication of this notice. If no objections are received within the time stipulated, the request for change of name of the said party will be processed as per the said Symbol Order.

Chairman / President / General Secretary

________________ (Name of the Party)

Note: The Notice shall be published in not less than the size of 8 cm x 6 cm and the heading in not less than 1 cm height with bold letters.

23

ANNEXURE-XII

STATUS ON INTERNAL ELECTIONS IN THE PARTY (AS PER THEIR BYE-LAWS)

(To be submitted by each Political Party with yearly audited accounts)

S.No. Body Duration as per Party's Constitution Date(s) of last election Due date of next election Remarks
(1) (2) (3) (4) (5) (6)
1. State level body
2. District level bodies
3. Mandal level bodies
4. Municipal / Panchayat level bodies

Chairman / President / General Secretary

____________________________ Party

ANNEXURE-XIII

CONTEST RECORD OF THE PARTY DURING THE YEAR

(To be submitted by each Political Party with yearly audited accounts)

S.No. Institution and Post Date of APSEC Notification No. Of seats contested Names of the constituencies in which contestants were fielded Remarks
(1) (2) (3) (4) (5) (6)

Chairman / President / General Secretary

____________________________ Party

-----xxx----

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Cite this issue. Andhra Pradesh Gazette, Government of Andhra Pradesh, 04 February 2019. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.andhra.2019-02-04.4457/. Archive identifier in.gazette.andhra.2019-02-04.4457.