ECI candidate affidavits — complete guide on accessing and using Election Commission of India candidate affidavit data:
Step 1: What are ECI candidate affidavits? (a) the Election Commission of India (ECI) — requires every candidate — contesting elections to the Lok Sabha, Rajya Sabha, and State Assemblies — to file an affidavit — disclosing: (i) the criminal cases (pending and convicted — including the FIR number, the section, the court, and the status), (ii) the assets and liabilities (the movable and immovable assets — of the candidate — and the spouse — and the dependents — and the liabilities — including loans and dues), (iii) the educational qualifications (the highest qualification — and the institution), (iv) the income (the annual income — from all sources — of the candidate — and the spouse — and the dependents), (b) the affidavit is filed — on Form 26 — at the time of nomination — and is sworn before a Magistrate/Notary — and is a public document, © the affidavit is mandatory — and a candidate who fails to file — or files a false affidavit — can be disqualified — under Section 9A of the Representation of the People Act, 1951 — and can be prosecuted — under Section 125A of the RPA.
Step 2: How to access ECI candidate affidavits. (a) the ECI publishes the affidavits — on its website — affadavit.eci.gov.in — and the citizen can search — by: (i) the election type (Lok Sabha, Rajya Sabha, or Assembly), (ii) the state and constituency, (iii) the year, (iv) the candidate name, (b) the ECI also publishes the affidavits — on the Voter Helpline App — and the citizen can access — through the app, © the National Election Watch — and the Association for Democratic Reforms (ADR) — maintain a database — of the affidavits — at myneta.info — with a user-friendly interface — and the citizen can search — and compare — the candidates, (d) the citizen can also file RTI — with the ECI — to get the affidavit — if it is not available online — or to get the certified copy.
Step 3: How to use the affidavit data. (a) verify the criminal background: (i) check the criminal cases — declared in the affidavit, (ii) cross-verify — with the court records — and the police records — through RTI, (iii) compare — with the previous affidavits — if the candidate has contested before — to check for discrepancies, (b) verify the assets: (i) check the assets declared — in the affidavit, (ii) compare — with the previous affidavits — to check for unusual increase, (iii) cross-verify — with the land records — and the vehicle records — through RTI, © verify the educational qualifications: (i) check the qualification declared — in the affidavit, (ii) cross-verify — with the university — through RTI — or the university's verification portal, (d) verify the income: (i) check the income declared — in the affidavit, (ii) compare — with the ITR — if available — through RTI — with the Income Tax Department, (e) report discrepancies: (i) if the affidavit is false — or incomplete — file a complaint — with the ECI — and the Returning Officer, (ii) file a PIL — in the High Court — or the Supreme Court — for disqualification, (iii) approach the media — to create public awareness.
Step 4: File RTI on ECI candidate affidavits. File RTI with the Election Commission of India (the ECI is a public authority under the RTI Act) asking for: (a) the affidavit: “Provide the certified copy — of the affidavit — filed by [candidate name] — for [election] — in [constituency] — including: (i) the criminal cases, (ii) the assets and liabilities, (iii) the educational qualifications, (iv) the income”, (b) the verification: “Provide the verification report — of the affidavit — filed by [candidate name] — including: (i) whether the ECI verified the affidavit, (ii) the discrepancies found — if any, (iii) the action taken — on the discrepancies”, © the complaints: “Provide the complaints received — against [candidate name] — for false affidavit — and the action taken — and the status”, (d) the disqualification: “Provide the disqualification proceedings — against [candidate name] — for false affidavit — and the order — and the status”, (e) the nomination: “Provide the nomination papers — filed by [candidate name] — including: (i) the nomination form, (ii) the affidavit, (iii) the supporting documents, (iv) the scrutiny report”.
Step 5: Key Supreme Court orders on candidate affidavits. (a) the Association for Democratic Reforms vs Union of India (2002): the Supreme Court directed the ECI — to require the candidates — to disclose: (i) the criminal cases, (ii) the assets and liabilities, (iii) the educational qualifications — in an affidavit — at the time of nomination, (b) the Resurgence India vs Election Commission of India (2013): the Supreme Court held that: (i) the affidavit is mandatory, (ii) a candidate who leaves the affidavit blank — or files a false affidavit — can be disqualified, (iii) the ECI must verify the affidavit — and take action — on the discrepancies, © the Lok Prahari vs Election Commission of India (2018): the Supreme Court directed that: (i) the candidates must disclose the assets — of the spouse — and the dependents — and the Hindu Undivided Family, (ii) the candidates must disclose the sources of income — and the business interests, (d) the Public Interest Foundation vs Union of India (2019): the Supreme Court directed that: (i) the candidates must disclose the criminal cases — in the affidavit — and the political parties — must publish the criminal records — of their candidates — on their websites — and in the newspapers — and on TV — at least three times — before the election.
Step 6: Common issues with candidate affidavits. (a) incomplete affidavit: the candidate leaves columns blank — or provides partial information — to hide the criminal cases — or the assets — solution: (i) file a complaint with the ECI, (ii) file RTI with the ECI — asking for the complete affidavit, (b) false affidavit: the candidate declares false information — like no criminal cases — or lower assets — or higher qualifications — solution: (i) cross-verify — with the court records — and the land records — through RTI, (ii) file a complaint with the ECI — and the court — for disqualification — and prosecution, © ECI not verifying: the ECI does not verify the affidavit — and accepts it as filed — solution: (i) file RTI with the ECI — asking for the verification report, (ii) file a PIL — for the ECI to verify — and take action, (d) delayed disclosure: the ECI delays the publication of the affidavits — on the website — solution: (i) file RTI with the ECI — asking for the affidavit, (ii) access the ADR website — myneta.info — which publishes the affidavits — promptly.
Step 7: Practical tips. (a) check the ADR website (myneta.info — is the most user-friendly — and has the most comprehensive database — of the affidavits — and the candidate profiles), (b) cross-verify (do not rely on the affidavit alone — cross-verify — with the court records — and the land records — and the university records — through RTI), © report discrepancies (if you find discrepancies — file a complaint — with the ECI — and the court — and approach the media — to create awareness), (d) file RTI (if the affidavit is not available online — or the ECI has not verified — file RTI — to get the affidavit — and the verification report), (e) Example: An activist checked the affidavit — of a sitting MLA — on myneta.info — and found that the MLA had declared no criminal cases — but the activist cross-verified — with the court records — through RTI — and found that the MLA had 3 pending criminal cases — the activist filed a complaint — with the ECI — and the High Court — and the MLA was disqualified — and prosecuted — for filing a false affidavit.