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Section 239: Registration of political party – Variation of name of political party on

Constitution · PART VI: LEGISLATURE

consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

239. Registration of political party – Variation of name of political party on registration—The Electoral Supervisory Commission had varied the name under which a political party had applied for registration. The decision of the Commission was upheld on the ground that— (i) where applications are made for the registration of parties bearing the same or similar names, the primary duty of the Commission is to ensure that registration under the names applied for is not likely to cause confusion in the mind of the electorate; (ii) while the Commission was right to register one of the parties under the name by which it had generally been known over the years, it had rightly varied part of the name of one other political party so as to avoid confusion in the mind of the electorate by reason of the similarity in the names or initials of the parties and so long as it was possible in some measure to preserve the ideological image to which that party laid claim by the use of its name; CON – 231 [Issue 1] The Constitution (iii) the fact that there had been no objection by another political party to the registration under the name applied for was not a relevant consideration. Social Democratic Party v Electoral Supervisory Commission and anor (1982).

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