Know your candidate: Form 26 affidavits, the KYC app and NOTA
Your right to see a candidate's criminal cases, assets and education in the Form 26 affidavit, where to read it (ECI KYC), and what NOTA does and does not do.
In short
- Every candidate must file a sworn Form 26 affidavit with their nomination, listing criminal cases, assets, liabilities and education (Sec 33A, RP Act 1951; Rule 4A).
- Affidavits are public within days of nomination. Read them on the ECI's affidavit portal or the Know Your Candidate (KYC) feature in its app.
- Candidates with pending cases must advertise them in newspapers and on TV, and parties must publish why they chose them (Supreme Court, 2018 and 2020).
- A false affidavit is an offence (Sec 125A) and a ground for an election petition filed within 45 days of the result (Sec 81).
- NOTA records that you reject everyone, secretly, but the candidate with the most votes still wins.
Before you hire a driver or take a tenant, you check who they are. Choosing the person who will make your laws deserves at least as much care. As a voter you have a legal right to know who is asking for your vote: their criminal cases, their wealth and their education. You also have the right to say, formally and secretly, that none of them is acceptable. This guide shows you where to look and what the information means.
Where the right comes from
Art 19(1)(a) protects freedom of speech and expression, and the Supreme Court has held that this includes the voter's right to receive information. In Union of India v. Association for Democratic Reforms (2002) and PUCL v. Union of India (2003), the Court ruled that a voter cannot make a real choice without basic facts about candidates. Parliament then inserted Sec 33A, RP Act 1951, and the Election Commission of India (ECI) prescribed the affidavit in Form 26 under Rule 4A, Conduct of Elections Rules, 1961, which every candidate for Parliament or a State Assembly must file with the nomination.
What the affidavit must disclose
- Criminal record: every pending case in which a court has framed charges or taken cognizance, with the FIR number, sections and court; and every past conviction, with the sentence. Sec 33A itself covers pending cases punishable with two years or more where charges are framed, and convictions with a sentence of one year or more.
- Assets and liabilities of the candidate, spouse and dependants: cash, deposits, shares, vehicles, jewellery, land, houses and loans, with PAN details.
- Income shown in the last five years' income tax returns, and sources of income.
- Educational qualifications, with the institution and year.
- Government dues, such as unpaid rent for official accommodation, electricity, water or telephone bills.
No column may be left blank; the ECI requires "nil" or "not applicable" to be written. A nomination with a blank affidavit can be rejected after notice. Filing false information or concealing it is punishable with up to six months' imprisonment or a fine or both (Sec 125A), and the Supreme Court has held that concealing a material fact in the affidavit can amount to a corrupt practice that voids the election.
Publicity of criminal cases
In Public Interest Foundation v. Union of India (2018), a five-judge bench directed every candidate with pending cases to publish them in widely circulated newspapers and on TV channels at least three times after nomination, and parties to display them on their websites. In Rambabu Singh Thakur v. Sunil Arora (2020), the Court went further: a party must publish, on its website and social media and in newspapers, the reasons for selecting a candidate with pending cases and why a person without such cases could not be chosen. "Winnability" alone is not an acceptable reason. In 2021 the Court fined several parties for ignoring this and required the information to be published within 48 hours of selection.
A pending case is not a conviction; everyone is presumed innocent until proved guilty. Look at the nature of the charge and whether charges have been framed, rather than just the number of cases. Cases from protests are different from charges of extortion or assault.
Step by step: how to check a candidate
- Note the scrutiny date for nominations in your constituency; affidavits go online soon after filing.
- Open the ECI's affidavit portal (affidavit.eci.gov.in) or the KYC feature in the ECI's app, choose the election, state and constituency, and open each candidate's Form 26.
- Read Part A for criminal cases: note the sections, the court and whether charges are framed.
- Read the asset tables. If the candidate contested before, compare with the earlier affidavit on the portal. Large unexplained jumps are worth asking about.
- Look for the newspaper and TV declarations of criminal cases that candidates and parties must publish, and the party's statement of reasons.
- If you believe an affidavit is false, give the Returning Officer a written complaint with your evidence before polling. After the result, a voter of the constituency can file an election petition in the High Court within 45 days (Sec 81); take legal advice first.
What NOTA does
In PUCL v. Union of India (2013), the Supreme Court held that the right to vote includes the right not to vote for any candidate, and that this choice must be as secret as any other. Every electronic voting machine now has a NOTA ("None of the Above") button at the bottom of the list. NOTA votes are counted and published separately, so your rejection is on record. But in Lok Sabha and Assembly elections NOTA has no legal effect on the result: the candidate with the most valid votes wins, even if NOTA polled more than that candidate. A few State Election Commissions have given NOTA more weight in local body elections, so the position there varies by state. As of 2026, Parliament has not changed the law.
Before the Assembly election in her constituency, Priya, a college student in Patna, opens the ECI's KYC feature on the day after scrutiny. She finds three candidates. One lists two pending cases: she reads the sections and sees that charges were framed in 2023 in an extortion case. Another shows assets that have grown from 40 lakh to 6 crore since his 2020 affidavit. At the party's local office she asks for the published reasons for the first candidate's selection, which the party is bound to publish. She shares the portal link in her neighbourhood group so others can check for themselves rather than rely on rumours.
Keep these ready
- The election schedule: last date of nominations and date of scrutiny for your constituency
- Your constituency's name and number (printed on your voter slip and the ECI portal)
- For a complaint of false affidavit: documents that contradict it, such as a property record or court order
Social media summaries of "criminal candidates" are often wrong or out of date. Check the affidavit itself on the official portal, and remember that a pending case is not a conviction. Equally, do not assume a clean affidavit is accurate: that is why Sec 125A and the election petition exist.
Where to go
- ECI's affidavit portal and the Know Your Candidate feature of its app; the Returning Officer's notice board also displays affidavits
- Returning Officer of the constituency for complaints about a false or incomplete affidavit before the poll
- Voter helpline 1950; voters.eci.gov.in for roll and polling information
- Election petition or legal advice: an advocate, or 15100 (NALSA free legal aid)
Common questions
Where can I see a candidate's criminal record and assets?
In the Form 26 affidavit filed with the nomination, available on the ECI's affidavit portal and the Know Your Candidate feature of its app within days of nominations closing. It lists pending cases, convictions, assets, liabilities, income and education for the candidate, spouse and dependants.
Can a person with criminal cases contest an election?
Yes, unless convicted. A person sentenced to two years or more for most offences is disqualified from the date of conviction for the period of the sentence and six years after release (Sec 8, RP Act 1951), as the Supreme Court confirmed in Lily Thomas (2013). Pending cases do not disqualify, but must be disclosed and advertised, and the party must publish its reasons for selecting the candidate.
What happens if NOTA gets the most votes?
In Lok Sabha and Assembly elections, nothing changes: the candidate with the highest number of valid votes is declared elected even if NOTA polled more. NOTA votes are counted and published, which is their purpose. Some State Election Commissions have given NOTA more effect in local body polls; check your state's rules.
What can I do if a candidate's affidavit is false?
Before polling, send a written complaint with evidence to the Returning Officer. Filing a false affidavit is an offence under Sec 125A, punishable with up to six months' imprisonment or a fine, and a criminal complaint can be filed. After the result, a voter or candidate of that constituency can file an election petition in the High Court within 45 days.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
