Registered Unrecognized Political Parties | 15 Sep 2022

Why in News?

The Election Commission of India has delisted 86 non-existent Registered Unrecognized Political Parties (RUPP) and declared additional 253 as ‘Inactive RUPPs’.

What do we need to know about the Delisting by ECI?

• Declared Inactive:
  • 253 RUPPs have not responded to the letter/notice delivered to them and have not contested a single election either to the General Assembly of a State or the Parliament Election of 2014 & 2019.
  • As per Section 29A of the Representation of People Act 1951, every political party has to communicate any change in its name, head office, office bearers, address, PAN to the Commission without delay.
• Delisted:
  • 86 RUPPs have been found to be non-existent either after a physical verification carried out by the Chief Electoral Officers of concerned States/UTs or based on a report of undelivered letters/notices from Postal Authority sent to the registered address of concerned RUPP.
    • Additionally, they would not be entitled to have benefits under the Symbols Order, 1968.

What are the Key Points related to the Political Parties?

• Registered Unrecognised Political Parties (RUPP):
  • About:
    • Either newly registered parties or those which have not secured enough percentage of votes in the assembly or general elections to become a state party, or those which have never contested elections since being registered are considered unrecognised parties.
    • Such parties don’t enjoy all the benefits extended to the recognised parties.
  • Symbol Allocation:
    • Common symbols are provided to RUPP under Symbols Order, 1968.
    • Privilege of a common symbol is given to RUPP based upon an undertaking for putting up at least 5% of total candidates with regard to said legislative assembly election of a State.
    • Possibility of such parties occupying the available pre-election political space by taking benefits of admissible entitlements without contesting elections cannot be ruled out.
      • This also tends to crowd out the political parties actually contesting elections and also creating confusing situations for the voters.
• Recognised Political Party:
  • A recognised political party shall either be a National party or a State party if it meets certain laid down conditions.
  • To become a recognised political party either at the state or national level, a party has to secure a certain minimum percentage of polled valid votes or a certain number of seats in the state legislative assembly or the Lok Sabha during the last election.
  • The recognition granted by the Commission to the parties determines their right to certain privileges like allocation of the party symbols, provision of time for political broadcasts on the state-owned television and radio stations and access to electoral rolls.

What Powers does Symbol’s Order 1968 provide to ECI?

• Under Paragraph 15 of the Order, EC can decide disputes among rival groups or sections of a recognised political party staking claim to its name and symbol.
  • The EC is the only authority to decide issues on a dispute or a merger under the order.
  • The Supreme Court (SC) upheld its validity in Sadiq Ali and another vs. ECI in 1971.
• This applies to disputes in recognised national and state parties.
• For splits in registered but unrecognised parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.
• 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.
• Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
• The splinter group of the party - other than the group that got the party symbol - had to register itself as a separate party.
  • They could lay claim to national or state party status only on the basis of its performance in state or central elections after registration.

Source: PIB