The Option Advised by the Consultant is not viable.
Because the Procedure for forming the Political Party is so, tough that for most of the person the Option is not viable or Practical.
Look at the Procedure for forming the Political Party in India.
Procedure:
For the purpose of registration of any association or body of individual citizens of India as a political party, the association or body is required to make an application to the Election Commission of India giving therein full particulars required under sub-section(4) of Section 29A of the Representation of the People Act, 1951 and additional particulars required under the Registration of political parties (Furnishing of Additional Particulars) Order, 1992.
The application should be neatly typed on the party’s letter-head, if any, and it should be sent by registered post/presented personally to the Secretary to the Election Commission within 30 days following the date of the formation of the party. Any application made after the said period will be time-barred under the provisions of Section 29A(2)(b) of the Representation of the People Act, 1951.
Along with the application, the following documents are also required to be submitted: -
(i) A Demand Draft of Rs. 10,000/- (Rupees Ten Thousand only) on account of processing fee drawn in favour of the Under Secretary, Election Commission of India, New Delhi. It may be noted that the processing fee is non-refundable.
(ii) The memorandum/rules and bye-laws/constitution of the Party containing a specific provision as required under sub-section (5) of Section 29A of the Representation of the People Act, 1951 that “the party shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India”.
This mandatory provision must be included in the text of party constitution itself as one of the clauses. As per the provision to sub-section (7) of the said Section 29A, no association or body shallbe registered as a political party unless the memorandum, rules and regulations or the constitution of such association or body conform to the above referred provision of sub-section (5) of Section 29A.
The copy of the party constitution furnished with the application should also contain detailed provisions about all aspects of the party such as criteria for membership, election of office-bearers, and important Committees, duties and powers of the office-bearers, provision regarding disciplinary action, etc, etc.
There should be a specific provision in the rules and regulations/memorandum/Constitution of the party regarding organisational elections at different levels and the periodicity of such elections and term of office of the office-bearers of the party. Besides procedure in the case of merger/dissolution of the association and procedure to be followed for amendment of the Constitution/bye-laws should be provided in the bye-laws.
The Constitution/bye-laws duly authenticated on each page by the General Secretary/President/Chairman of the party and the seal of the signatory affixed thereon.
Certified extracts from the latest electoral rolls in respect of at least 100 members of the organization (including all office-bearers/members of main decision making organs like Executive Committee/Executive Council) to show that they are registered electors. Alternatively photocopies of electoral photo identity cards of such members, duly attested by a Gazetted Officer or Notary can be submitted.
An affidavit duly signed by the President/General Secretary of the applicant party and sworn before a 1stClass Magistrate/Oath Commissioner/Notary Public to the effect that no member of the organization is a member of any other political party registered with the Commission.
Further, individual affidavits from these 100 members affirming that they are members of the association and are not members of any other political party, registered with the Commission and also stating that they are registered electors (name of the constituency where they are registered should be mentioned). These affidavits should be on Stamp Paper of atleast Rs. 2/- denomination and duly sworn before a 1stclassMagistrate/Oath Commissioner/Notary Public.
These affidavits should be from those persons in respect of whom certified extracts of electoral rolls mentioned above are being furnished.
Particulars of Bank account(s), if any, in the name of the party should be given.
Copies of the following documents are given here for information and guidance: — (a) Extract of Section 29A of the Representation of the People Act, 1951. (b) Registration of political parties (Furnishing of Additional Particulars) Order, 1992.
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