EC removes 111 parties from its list because found to be 'non-existent'
In The News:
- The Election Commission of India (ECI), recently removed 111 additional registered unrecognised parties (RUPPs) from its list.
- These parties were found to be non-existent after verification of their registered addresses.
- The ECI also referred three individuals allegedly involved with financial impropriety, to the Department of Revenue Ministry of Finance for legal and criminal action.
What's today's article?
- India Registration of Political Parties
- Process
- Important to register with the ECI
- Political parties can be deregistered
- News Summary
Registration of political parties within India:
Process
- Article 324 The Indian Constitution gives the ECI the power to register political parties.
- Section 29A, 1951 Representation Act of the People Act governs the registration of political parties.
- The ECI requires that any party seeking to register must submit a request (to the Secretary of the ECI) within thirty days of the formation.
- Current guidelines:
- The applicant must publish the proposed party name in at least two daily newspapers of national importance and two daily newspapers of local relevance.
- You have two days to submit objections, if applicable, regarding the proposed registration of the party at the Commission.
- You can also find the notice for publication on the ECI website.
Sign up with the ECI
- Although registration with the ECI is not required, such registration can be advantageous if the party intends use the RPA, 1951.
- Candidates who are nominated by a registered political party with the ECI will have preference over purely independent candidates in the allocation of symbols.
- Section 13 A of Income-tax Act permits registered political parties to claim an exemption from income tax on donations.
- These registered political parties can also be used to create new ones. eventually, be recognized as a country or a party national If they satisfy the conditions set forth by the Commission in 1968's Election Symbols Reserve and Allotment Order, 1968. Take, for example:
- A party that is designated as an party is entitled to exclusive use of its reserved symbol when nominating candidates in the state it is located.
- A party that is recognized as a "national party" is entitled to exclusive use of its reserved symbol for candidates in India.
- Recognized state' and ‘national’ parties need only one proposer for a nomination. They are entitled to two sets free of charge of electoral rolls, as well as broadcast and telecast facilities over the state-owned Akashvani and Doordarshan during general election.
Registration of political parties:
- The ECI is authorized to register political parties in accordance with the RPA, 1951. However, it cannot deregister inactive parties.
- The ECI cannot delist inactive parties, but can refer the matter to Central Government for further action.
News Summary
- An examination of financial documents from some RUPPs, which are publicly available, reveals some glaring irregularities such as
- Two different party presidents are listed in documents
- The use of RUPPs to "whitewash" black money, while engaging in very little or no political activity, is a common practice.
- You can claim tax exemptions without having to comply with the statutory requirements for timely contribution reports and annual audit reports.
- The ECI then shared a list with RUPPs who did not submit contribution reports for FY 2017, 2018-19, and 2019-20 to take the necessary action under the RPA or the IT Act.
- The Revenue Department has received a list of RUPPs that claimed IT exemption without submitting contributions reports.
- The ECI said that the RUPP inspection and clean-up that was initiated recently will be closely followed up by the ECI.
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