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Allotment of Political Party Symbol

Allotment of election symbols to political parties in India
Responsibility of ECI
The Election Commission of India (ECI) is responsible for the allotment of symbols.
This is done under The Election Symbols (Reservation and Allotment) Order, 1968.
This rule is meant to provide for specification, reservation, choice and allotment of symbols at elections in Parliamentary and Assembly Constituencies, for the recognition of political parties.
Symbols can be either reserved, meaning they are exclusive to a recognised political party, or ‘free’.
A political party can be recognized as a national or state party if it meets the certain criteria.
The EC publishes lists specifying the parties and their symbols through a notification in the Gazette of India.
According to its notifications this year, there are six national parties, 26 state parties, and 2,597 registered unrecognised parties.
Unrecognised registered parties and election symbol
Unrecognised registered parties’ candidates can choose from free, non-exclusive symbols.
These parties are newly registered or have not secured enough percentage of votes to fulfil the prescribed criteria to become a recognised party.
After being selected by parties, in subsequent elections, these symbols are declared free again for others to choose.
Recognised parties and election symbol
Recognised national and state parties get exclusive symbols.
Do political parties get to state their preferences?
The 1968 order mandates the EC to provide for specification, reservation, choice and allotment of symbols at parliamentary and assembly elections, for the recognition of political parties.
For unregistered parties, they are supposed to give the names of ten symbols, in order of preference, out of the list of free symbols notified by the commission.
As per the 1968 order, party may, if it so desires, also propose three new symbols of their choice, with the names and clear design and drawings of symbol, in the order of preference.
The Commission, then, may consider these symbols for allotment as its common symbol if there is, in its opinion, no objection in allotting such symbol.
Symbols proposed by the parties should have no resemblance to the existing reserved symbols or free symbols, or any religious or communal connotation, or depict any bird or animal.
What happens when a recognised political party splits?
Para 15 of the Symbols Order, 1968 empowers EC to decide on the claim of rival factions in case of split.
EC decides on the issue after taking into account all the available facts and circumstances of the case and hearing their representatives.
The decision of the Commission is binding on all such rival sections or groups.
For splits in registered but unrecognised parties, the ECI usually advises the warring factions to resolve their differences internally or to approach the court.
What criteria does ECI use to resolve a symbol dispute in case of split?
Generally, the EC’s decision is based on three tests as outlined in the Sadiq Ali case (supra). These tests include:
Test of Aims and Objects of the Party Constitution;
Test of Party Constitution; and
Test of Majority
In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the factions.
Whenever the EC could not test the strength of rival groups based on support within the party organisation (because of disputes regarding the list of office bearers), it fell back on testing the majority only among elected MPs and MLAs.
If both legislative win and organisational win are found indecisive, the ECI also freezes the symbol and asks both factions to choose a new symbol.
What happens to the group that does not get the parent party’s symbol?
Before 1997, EC used to recognise the party, not getting the symbol, based on the criteria fixed for recognition of parties under Paras 6 and 7 of the Symbols Order.
i.e., if the breakaway party had support of sufficient MPs/MLAs as per the criteria, it was recognised by EC as National/State Party.
The EC in 1997 felt that merely having MPs and MLAs is not enough, as the elected representatives had fought and won polls on tickets of their parent (undivided) parties.
The EC introduced a new rule under which the splinter group of the party — other than the group that got the party symbol — had to register itself as a separate party.
These parties could lay claim to national or state party status only on the basis of its performance in state or central elections after registration.
Q1) What is Election Commission of India (ECI)?
The Election Commission of India (ECI) is a constitutional body that regulates and conducts elections in India. The ECI was established on January 25, 1950, and its headquarters are in New Delhi.
Q2) What is the election symbols (reservation and allotment) order, 1968?
The Election Symbols (Reservation and Allotment) Order, 1968 allows the Election Commission of India (ECI) to recognize political parties and allot symbols. The order also provides for the specification, reservation, choice, and allotment of symbols at elections in Parliamentary and Assembly Constituencies.
Registration of political parties under Section 29A of the Representation of the People Act, 1951 – Public Notice Period – regarding
Registration of Political parties is governed by the provisions of Section 29A of the Representation of the People Act, 1951. A party seeking registration under the said Section with the Commission has to submit an application to the Commission within a period of 30 days following the date of its formation as per guidelines prescribed by the Commission in exercise of the powers conferred by Article 324 of the Constitution of India and Section 29A of the Representation of the People Act, 1951. As per existing guidelines, the applicant association is, inter-alia, asked to publish proposed Name of the party in two national daily news papers and two local daily newspapers, on two days for submitting objections, if any, with regard to the proposed registration of the party before the Commission within 30 days from such publication. Notice so published is also displayed on the website of the Commission.
2. The Commission has announced the General Elections for the Legislative Assemblies of Goa, Manipur, Punjab, Uttarakhand and Uttar Pradesh, 2022 on 8th January, 2022. It has been brought to the notice of the Commission that in view of prevailing restrictions on account of Covid -19, there was dislocation and delay in moving applications for registration, which in turn led to delay in registration as a Political Party. During General Election to Legislative Assembly of Bihar, Assam, Kerala, Puducherry, Tamil Nadu and West Bengal also, the Commission relaxed this notice period in view of ongoing pandemic. Therefore, after considering all aspects of the matter, the Commission has given a relaxation and has reduced the notice period from 30 days to 7 days for the parties who have published their public notice on or before 08.01.2022. For all parties, including of those parties which have already published the Public Notice in less than 7 days prior to 08.01.2022, objection, if any, can be submitted latest by 5.30 PM on 21st January, 2022 or by the end of the originally provided 30 days period, whichever is earlier
registration data
Information relating to political party registration includes: a list of parties, including who applied, was accepted and was rejected by the EMB; party member names; and rules for nomination (including number of signatories required to be registered, filing fees and other details). The Supreme Tribunal of Elections (TSE) in Costa Rica serves as a good example of how to make political party registration information available. They publish a list of which parties applied for registration, which were accepted and which were canceled or denied registration.
Political Party Registration
New Political Party Registration 
Welcome to New Party Registration, your trusted partner for legal consulting services across a range of critical areas.
We have a team of 100+ expert members in India providing services such as Political Party Registration, Nomination, Election Campaign, Digital Marketing, Audit, and more. Our IT experts ensure top-quality services backed by years of experience and networking.
We are actively involved in offering Political Party Registration Consultant Services in New Delhi, under government regulations.
Our Constitution gives us the Rights for having a Multi-Party System in India so you can start your own Political Party. For starting a political party in India, one has to register the Political Party with Election Commission of India. We offer a broad based Political and Social Consulting Services to Register a Political Party with Election Commission of India and Our Consulting Services as follows:
• Political Party Formation.
• Drafting of Party Constitution & Bylaws of the Political Party.
• Party Registration with Election Commission of India.
• Guidelines on how to run the Political Party as far the Constitution of India Rules.
• Advisory on political issues pertaining to Representation of People Act-1951.
• Operational Political Support in Conducting Sociopolitical Events & Functions.
• Offering total Consulting Service from Political Party Registration to Party Establishment Stage.
Our Expertise
We have experience addressing complex Representation of Peoples Act challenges and protecting political parties. Our firm combines expertise with practical political understanding to offer innovative solutions that address the root causes.
Registering as a political party
Forming a new national or state political party organization: New party organizations must register with the FEC when they raise or spend money over certain thresholds in connection with a federal election.
The FEC determines if a committee has demonstrated enough national (or state) activity to qualify as a national (or state) party committee. Before taking advantage of higher contribution limits available to these party committees, a committee will have to ask for an FEC advisory opinion to verify that it has attained national (or state) committee status.
If a party organization will be active only in state or local elections, it doesn’t need to register with the FEC.
Forming a local branch of an existing political party (for example, Democratic, Republican, Libertarian or Green party): Local branches must register their party organization with the FEC when they raise or spend money over certain thresholds in connection with a federal election.
When a local party organization is required to register with the FEC, it becomes a local party committee. A local party committee is presumed to be affiliated with the other federal party committees in its state. Affiliated committees share limits on contributions made and received.
If a party organization will be active only in state or local elections, it doesn’t need to register with the FEC.
The first steps that follow cover specific topics to help set up and register a political party committee.
Political Party Registration
New Political Party Registration 
Welcome to New Party Registration, your trusted partner for legal consulting services across a range of critical areas.
We have a team of 100+ expert members in India providing services such as Political Party Registration, Nomination, Election Campaign, Digital Marketing, Audit, and more. Our IT experts ensure top-quality services backed by years of experience and networking.
We are actively involved in offering Political Party Registration Consultant Services in New Delhi, under government regulations.
Our Constitution gives us the Rights for having a Multi-Party System in India so you can start your own Political Party. For starting a political party in India, one has to register the Political Party with Election Commission of India. We offer a broad based Political and Social Consulting Services to Register a Political Party with Election Commission of India and Our Consulting Services as follows:
• Political Party Formation.
• Drafting of Party Constitution & Bylaws of the Political Party.
• Party Registration with Election Commission of India.
• Guidelines on how to run the Political Party as far the Constitution of India Rules.
• Advisory on political issues pertaining to Representation of People Act-1951.
• Operational Political Support in Conducting Sociopolitical Events & Functions.
• Offering total Consulting Service from Political Party Registration to Party Establishment Stage.
Our Expertise
We have experience addressing complex Representation of Peoples Act challenges and protecting political parties. Our firm combines expertise with practical political understanding to offer innovative solutions that address the root causes.
Registering as a political party
Forming a new national or state political party organization: New party organizations must register with the FEC when they raise or spend money over certain thresholds in connection with a federal election.
The FEC determines if a committee has demonstrated enough national (or state) activity to qualify as a national (or state) party committee. Before taking advantage of higher contribution limits available to these party committees, a committee will have to ask for an FEC advisory opinion to verify that it has attained national (or state) committee status.
If a party organization will be active only in state or local elections, it doesn’t need to register with the FEC.
Forming a local branch of an existing political party (for example, Democratic, Republican, Libertarian or Green party): Local branches must register their party organization with the FEC when they raise or spend money over certain thresholds in connection with a federal election.
When a local party organization is required to register with the FEC, it becomes a local party committee. A local party committee is presumed to be affiliated with the other federal party committees in its state. Affiliated committees share limits on contributions made and received.
If a party organization will be active only in state or local elections, it doesn’t need to register with the FEC.
The first steps that follow cover specific topics to help set up and register a political party committee.
Political Party Registration
New Political Party Registration, Services, and Support Consultant
Starting a new political party in India is an ambitious and exciting endeavor, but it also involves navigating complex legal and procedural requirements. As a New Political Party Registration, Services, and Support Consultant, I am here to simplify that process for you, providing comprehensive guidance and support from the initial planning stages through to official recognition by the Election Commission of India (ECI).
With in-depth knowledge of India’s legal framework and the steps required to establish a political party, my services ensure that you can focus on shaping your party’s vision and strategy while I handle the technical details.
Services I Offer:
Political Party Registration Process
Step-by-step guidance on filing an application with the ECI.
Assistance in drafting the party constitution, including aims, objectives, and internal governance.
Helping you prepare and organize required documents, including affidavits, membership details, and office bearers’ information.
Submission and follow-up with the Election Commission to ensure smooth approval.
Party Name and Symbol Selection
Consultation on selecting a unique name and symbol that resonates with your party’s mission and complies with ECI regulations.
Assistance with submitting the chosen name and symbol for approval and handling any objections or conflicts with existing parties.
Legal and Compliance Support
Expert advice on legal matters related to party registration, including Representation of the People Act compliance.
Guidance on public notice publications and addressing objections during the mandatory 30-day waiting period.
Ensuring internal democracy and transparency in party operations as per ECI guidelines.
Membership and Organizational Structure
Assistance in setting up the party’s executive body (President, Secretary, Treasurer, etc.).
Support in gathering required membership for the party’s formation, including proper documentation and affidavits.
Drafting rules and processes for internal elections and party discipline.
Post-Registration Support
Ongoing consultancy services after registration, including help with party expansion, fundraising strategies, and compliance with election laws.
Assistance in updating party records with the ECI and ensuring adherence to future electoral processes.
Why Choose Professional Support?
The registration of a political party in India is not just about paperwork. It requires careful planning, understanding of legal nuances, and attention to detail. As a Political Party Registration Consultant, I offer the expertise and practical insights needed to make this process faster, smoother, and more efficient, ensuring that your party complies with all legal requirements while positioning you for long-term success in the political arena.
Ready to Register Your Party? Let’s Get Started!
If you’re ready to embark on the journey of forming a political party in India, I am here to provide the guidance, services, and support you need to make your vision a reality. Reach out today to schedule a consultation, and let’s take the first steps together toward building your political movement.
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Uncover the essential steps for registering a political party with the Election Commission of India under Section 29A of the Representation of Peoples Act. Learn about the benefits, required documents, and key compliance requirements.
In the vibrant democracy of India, political parties play a pivotal role in shaaping governance and policy. The process of registering a political party with the Election Commission of India (ECI) under Section 29A of the Representation of Peoples Act is a critical step for any group aiming to contest elections and influence the country’s political landscape. This article provides
a comprehensive overview of the process, benefits, and compliance obligations associated with the registration of a political party in India.
Introduction to Political Parties in India
India’s democratic framework is supported by a diverse array of political parties, each representing different segments of society and ideologies. The Representation of Peoples Act, specifically Section 29A, outlines the legal foundation for the registration of political parties, granting them recognition by the Election Commission of India, a nodal agency responsible for administering election processes in India.
Understanding Section 29A
Section 29A of the Representation of Peoples Act mandates the registration of political parties with the ECI. This legal provision ensures that parties comply with the democratic principles and financial transparency required to participate actively in elections. It details the criteria parties must meet, including organizational structure, name and objectives, and adherence to the Constitution of India.
The Role of the Election Commission of India
The ECI not only regulates the registration process but also monitors the activities and finances of political parties to ensure they meet established guidelines. This oversight includes the proper use of election symbols, adherence to campaign finance laws, and the conduct of free and fair elections.
Steps for Registering a Political Party
Preliminary Requirements
Before applying for registration, a party must have a clear organizational structure, a constitution, and a specific political program. It should also have a duly appointed office and designated office bearers.
Application Process
The application for registration must be submitted to the ECI, accompanied by all required documents, including the party’s constitution, a list of leaders, and details of the party’s bank account.
Required Documents
Essential documents include the party’s constitution, minutes of the founding meeting, and affidavits of no criminal record for office bearers.
Common Pitfalls and How to Avoid Them
Incomplete applications and non-compliance with legal requirements are common reasons for rejection. Aspiring political parties should thoroughly review all guidelines and consult with legal experts if necessary.
Benefits of Registration under Section 29A
Registration confers several benefits, including access to exclusive election symbols, eligibility to participate in electoral rolls, and potential tax exemptions. It also lends credibility and legitimacy to a political entity.
Challenges and Controversies
Despite the clear guidelines, the registration process can be daunting due to bureaucratic hurdles and stringent compliance requirements. Political influence and transparency issues have also been points of contention.
Case Studies
The article could explore successful registration stories to provide practical insights and lessons learned. Similarly, understanding the reasons behind rejected applications can help new applicants navigate the process more effectively.
Compliance and Reporting Obligations
Registered political parties must adhere to strict reporting guidelines, including annual financial reports and disclosures of donations. These requirements ensure transparency and accountability in the political financing
Deregistration and Penalties
Non-compliance with the ECI’s guidelines can lead to deregistration or penalties. It’s crucial for parties to maintain discipline, adhere to legal norms, and ensure transparency in their operations.
Future of Political Party Registration
The digitalization of the registration process and the introduction of reforms aimed at enhancing transparency and reducing malpractices are likely future trends. Engaging with stakeholders and adopting technology will be key to simplifying the registration process.
Conclusion
Registering a political party with the Election Commission of India is a significant step toward participating actively in India’s democratic process. By understanding and following the outlined steps and maintaining compliance, political entities can contribute to the vibrant political landscape of India.
FAQs
What is Section 29A of the Representation of Peoples Act? Section 29A mandates the registration of political parties with the ECI, outlining criteria and processes for gaining official recognition.
How long does the registration process take? The process can vary, but it generally takes several months from the submission of the application to the receipt of registration confirmation, depending on the completeness of the application and the ECI’s review process.
Can a party use any symbol it wants? No, registered political parties are allocated symbols by the ECI from a list of approved symbols, while unregistered parties may not have access to exclusive symbols
What are the main benefits of registering a political party? Registered parties gain legal recognition, access to exclusive election symbols, eligibility for tax benefits, and the ability to contest elections.
What happens if a party fails to comply with the ECI’s guidelines? Non-compliance can lead to penalties, including fines, deregistration, or restrictions on contesting elections.
Are there any financial benefits to registering a political party? Yes, registered political parties may be eligible for tax exemptions and other financial incentives subject to compliance with specific legal and financial reporting requirements.