Party splits put under strict regime by EC

NEW DELHI, December 24: In a major ruling, the Election Commission today held that it will not recognise a breakaway faction of a political...

NEW DELHI, December 24: In a major ruling, the Election Commission today held that it will not recognise a breakaway faction of a political party till it contested polls and obtained a mandate for recognition.

In its order rejecting the applications of the Rashtriya Janata Dal (RJD) and the Rashtriya Janata Party (RJP-Gujarat) for recognition as a national and a state party in Bihar and Gujarat respectively, the Commission said: “A political party should first get registered with the Commission under section 29A of the Representation of the People Act, 1951, then contest a general election, either to the House of people or a State Legislative Assembly, and show the minimum poll performance, before it can make a claim for recognition either as a state party or a national party under the Symbols Order.”

Allotting the `Hurricane Lamp’ symbol to the RJD and the `trumpet’ symbol to the RJP (Gujarat), the Commission said it was giving the “limited concession” to the two parties only to contest the coming Lok Sabha elections.

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Laying down the policy on registration of new political parties, the Commission observed that no member of any party should form part of any other political formation registered with the EC. The applicant party also has to produce extracts of electoral rolls of at least 100 members who are members of the party, including office-bearers and members of its main decision-making organ, the executive committee or executive council.

Besides, a party applying for registration as a political party should have a minimum membership of 100 persons. An affidavit in this regard, duly signed by the president or the general secretary of the applicant party and sworn in before a first class magistrate or notary public or oath commissioner, has to be submitted. In the Constitution or memorandum of rules of the party applying for registration, there must be explicit provisions for organisational elections and also periodicity of such polls. No party would be registered with the Commission if its name included that of a living person.

MPs and MLAs of a splinter group of a recognised political party have to file affidavits with the Speaker of the Lok Sabha or that of a Legislature so that the split could be viewed from the “anti-defection act angle”. The EC held that henceforth, no party will be recognised till the elections.