ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi-l 10001

NO.3/ERI2020/SDR/Vol.VI Dated: 16th September, 2020

Circular
Commission has reviewed the present position regarding taking action on complaints
filed against the candidate for filing false affidavit in Form 26 along with nomination
papers. In the affidavit in Form 26, a candidate has to disclose information including
(i) criminal antecedents; (ii) assets and liabilities; and (iii) educational qualifications. As per
the extant provision, individuals are filing complaints regarding false affidavits in the
competent court under section 125A of the R.P. Act 1951. Commission has now decided
that, in pursuit of a level-playing field, it will take cognizance of complaints, which indicate
serious omissionl commission on the part of the candidate, and refer such matters to the
relevant investigating authorities on a case-to-case basis.

In compliance of the aforesaid decision, Commission has directed to follow

following SOP in dealing with complaints regarding false information in Form 26:-

1. Complaints on filing of false information pertaining to assets and liabilities will

be dealt with by the Expenditure Division.
11. Complaints on filing of false information pertaining to criminal antecedents and
educational qualifications may be dealt with by Zonal Sections concerned while
complaints relating to criminal antecedents and educational qualification of
candidates of election to the Council of States and State Legislative Councils will
be dealt with by Biennial Section.
111. Complaints will be processed in light of the Commission's decision date
16.06.2020 (copy enclosed) read with instructions in the letter dated 26th April
2014 regarding clarification on dealing of complaints about false information in
affidavit.
IV. After obtaining report from the relevant investigating authorities, Commission
may direct the CEO concerned, for filing case under Section 125A of the R.P.
Act, ifany.
All divisions shall follow it.

(N~a)
Secretary
STANDARD DISTRIBUTION
 ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi-IIOOOI
No. ECI/PN/42/2020 Dated: 16th June, 2020

PRESS NOTE

A meeting of full Election Commission comprising Chief Election

Commissioner Shri Sunil Arora and two Election Commissioners Shri
Ashok Lavasa and Shri Sushil Chandra, assisted by senior officers of
the Commission, was held today. Amongst other issues, the
Commission discussed the matter of taking cognizance of complaints
of false affidavits filed by some candidates along with their
nominations, which adversely affects the rights of voters as well as
impinges on the purity of electoral process.

The exercise of informed franchise is a foundational requirement

for free and fair elections. In People's Union for Civil Liberties v. Union
of India (2003) 4 SCC 399 (PUCL case), Hon'ble Supreme Court
observed: " .•the foundation of a healthy democracy is to have well-
informed citizens-voters." In this case, the Apex Court further
observed: "A little man - a citizen - a voter is the master of his
vote. He must have necessary information so that he can
intelligently decide in favour of a candidate who satisfies his
criterion of being elected as an MP or MLA." The voter has a
fundamental right under Article 19(1)(a) of the Constitution to know
about the candidates at an election. The genesis of the disclosure
requirements, now incorporated in Form 26, appended to the Conduct
of Election Rules, 1961 was the case of Union of India v. Association of
DemocraticReforms (2002) 5 SCC 294.

In his/her affidavit, a candidate discloses (i) criminal

antecedents; (ii) assets and liabilities; and (iii) educational
qualifications. Subsequently, Commission in 2013, decided that the
assets and liabilities of the candidates, as filed in their affidavits,
would be verified by Central Board of Direct Taxes (CBDT).

Filing of false affidavits by candidates during the nomination

process, in terms of false or incomplete information, is a key
challenge as it undermines the rights of voters to be fully informed
about their political representatives. Supreme Court in catena of
judgments (Resurgent India v. Election Commission of India, 2014 14
SCC 189; Rambabu Singh Thakur v. Sunil Arora 2020 SCC online
SC178) has held the truthful disclosure of all relevant information by
a candidate as integral to the electoral process and any denial or false
disclosure would tantamount to vitiating the integrity of elections.

Commission views the erosion of this fundamental right as an

affront to the democratic ideals which underpin the system of
government. Furnishing false information in election affidavits is a
devious design to defeat the right of the voter to be informed and
transparency in elections. The Commission has today decided to
robustly address this challenge to further ensure free, fair and
ethical elections in the country.
 Commission has been receiving complaints regarding furnishing
of false information in the affidavits of some candidates. As per the
extant provision, individuals are filing such complaints in the
competent court under section 125A of the Representation of People
Act, 1951. Now, Commission has reviewed this position and decided
that, in pursuit of a level-playing field, it will take cognisance of
complaints, which indicate serious omission on the part of the
candidate, and refer such matters to the relevant investigating
authorities on a case-to-case basis.

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/ PAWAN DIWAN)
UNDER SECRETARY