BESA demands re-verification of nomination paper filed for 2nd MV by participating associations

It is understood that many associations participating in 2nd MV have lost their All India Registration under Central Act i.e. Society Registration Act 1860. Whereupon, such associations got themselves registered under State Act such as Haryana Registration and Regulation of Societies Act 2012 and Madhya Pradesh Society Registrikaran Adhiniyam 1973, etc.

Pertinently, these State Acts have extent and application only to the State of their Registration for the purpose of Article 246 of Constitution of India, extracted as under, -

246. (3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the “State List”.

Therefore, any association registered under State Act has no legal status outside the state of registration and thus cannot be allowed to contest 2nd MV on All India Basis.

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