PART VII EXTRAORDINARY
1
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.
Registered No. HSE-49/2016
No.12
AMARAVATI, MONDAY, FEBRUARY 4, 2019
G.1159
NOTIFICATIONS BY GOVERNMENT
--x--
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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.
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(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.
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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.
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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.
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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.
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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.
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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)
:
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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.
Date:
Yours faithfully,
Chairman / President / General Secretary
of the Party
(Office Seal)
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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)
Name 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
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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?
(a) Whether it is recognised as a
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
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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
13
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
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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.
15
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)
16
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
17
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
18
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
19
(iv)
Houses / Apartments, etc.:
- Location(s)
- Survey / door number(s)
- Extent (total measurement)
- Current market value
(v)
Others:
(such as interest in property)
(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
20
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
21
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.
22
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.
23
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.
24
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
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