UP polls: What's in store for Samajwadi Party as two warring factions to approach Election Commission

The tussle within Samajwadi Party escalated to new levels on Sunday when Ramgopal Yadav declared Akhilesh Yadav as party president at the national convention in Lucknow.

The meet which was attended by thousands of SP workers, also unanimously expelled Amar Singh and removed Shivpal Singh Yadav from the post of state unit president. Both Amar Singh and Shivpal Yadav are close to Mulayam Singh Yadav.

Now, the Samajwadi Party faction led by Akhilesh Yadav is likely to contest for election commission recognition. With this, election commission now holds much importance as the battle for supremacy within the party as it is likely to decide the fortunes of both the factions.

It is now very important to understand the Representation of the People’s Act as it will come to the fore while deciding the fate of both the factions of Samajwadi Party.

Registration of political parties:

Registration of political parties is governed by the provisions of section 29A of the Representation of the People Act, 1951.Party seeking registration under this Act requires to submit certain documents as per guidelines of the election commission of India. Generally party seeking registration requires to submits various resolutions, Pan card copy of office bearer along with their ITR returns of last three years, party's constitution, individual affidavits, Affidavit of Asset and liabilities and criminal antecedents affidavit and lastly affidavit of the president. Commission also asked for publication of the notice in newspapers and after the same they conduct the hearing for registration. Finally after the hearing and satisfaction of the commission your party gets registered.

Conditions for recognition as a national party:

A political party shall be treated as a recognised National party, if, and only if, - either (A)(i) the candidates set up by it, in any four or more States, at the last general election to the House of the People, or to the Legislative Assembly of the State concerned, have secured not less than six percent of the total valid votes polled in their respective States at that general election; and (ii) in addition, it has returned at least four members to the House of the People at the aforesaid last general election from any State or States; or (B)(i) its candidates have been elected to the House of the People, at the last general election to that House, from at least two percent of the total number of parliamentary constituencies in India, any fraction exceeding one-half being counted as one; and (ii) the said candidates have been elected to that House from not less than three States.

Conditions for recognition as a state party:

A political party, other than a National party, shall be treated as a recognised State party in a State or States, if, and only if, - either (A)(i) the candidates set up by it, at the last general election to the House of the People, or to the Legislative Assembly of the State concerned, have secured not less than six percent of the total valid votes polled in that State at that general election; and (ii) in addition, it has returned at least two members to the Legislative Assembly of the State at the last general election to that Assembly;  or (B) it wins at least three percent of the total number of seats in the Legislative Assembly of the State, (any fraction exceeding one-half being counted as one), or at least three seats in the Assembly, whichever is more, at the aforesaid general election.