Report No. 244
(ii) Current law on disclosure of candidate information
As a result of this series of events, candidates are now required to furnish the following information:
Under Section 33A of the RPA, read with Rule 4A of Conduct of Election Rules, 1961, an affidavit in Form 26 appended to the Conduct of Election Rules, giving information on
i. Cases in which the candidate has been accused of any offence punishable with imprisonment for two years or more in a pending case in which charges have been framed by the court.
ii. Cases of conviction for an offence other than any of the offences mentioned in Section 8 of the Representation of the People Act, 1951, and sentenced to imprisonment for one year or more.
Also, in pursuance of the PUCL judgment, the candidate has to furnish information relating to all pending cases in which cognizance has been taken by a Court, his assets and liabilities, and educational qualifications.88 In 2012, the format of Form 26 was revised to include both sets on information.89
88. Election Commission Of India- Proposed Electoral Reforms (2004).
89. Election Commission of India, Instruction Dated 24th August, 2012,
http://eci.nic.in/eci_main/CurrentElections/ECI_Instructions/AFFI29082012.pdf accessed January 27th, 2014.
Back
