PolityGS2

Dispute Over Form 26 Disclosure and Nomination Rejection

The Hindu·2026-09-28· Read original

"Dispute Over Form 26 Disclosure and Nomination Rejection"

Prelims Facts

  • •Section 33-A of the Representation of the People Act, 1951 requires disclosure of criminal cases with imprisonment of two years or more where charges have been framed.
  • •Union of India v. Association for Democratic Reforms (2002) established candidates' mandatory disclosure of criminal antecedents, assets and education.
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Key Terms

Form 26

affidavit disclosing a candidate's criminal, financial and educational details, filed with the nomination paper.

Section 33-A

RPA provision mandating disclosure of specific pending criminal cases with charges framed.

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Study Note

BackgroundCore Concept

Background

Electoral candidates' duty to disclose criminal antecedents is a court-created obligation later given statutory form. The Supreme Court's ruling in Union of India v. Association for Democratic Reforms (2002) held that voters have a right, flowing from freedom of speech and expression, to know the criminal, financial and educational background of contestants. This right does not add a fresh qualification for contesting elections. It only makes information available for an informed vote. Following this judgment, Parliament inserted Section 33-A into the Representation of the People Act, 1951 in 2002, along with Sections 33-B, 75-A and 125-A. These provisions require every candidate to disclose specified criminal cases as part of the nomination process. The Election Commission operationalised this through the Conduct of Election Rules, 1961, prescribing Form 26 as the mandatory affidavit accompanying every nomination paper under Rule 4A. Form 26 was originally drafted to mirror Section 33-A's own threshold: cases involving offences punishable with two years' imprisonment or more, and only where a court has already framed charges.

The Topic Explained

In 2018, Paragraph 5 of Form 26 was amended to require disclosure of all pending criminal cases, regardless of whether charges had been framed or what punishment the offence carried. This created a clear gap between the parent statute and the delegated legislation implementing it. Rule 4A is meant only to prescribe the manner of disclosure. It cannot, on its own, create a wider substantive obligation than Section 33-A itself imposes. When a Returning Officer rejects a nomination for non-disclosure under the wider Form 26 standard, it raises a genuine legal question. Can subordinate rules expand a candidate's statutory duty beyond what Parliament actually enacted? This is the classic limit on delegated legislation, that rules framed under an Act cannot travel beyond the Act's own text, and it sits at the core of disputes such as a rejected Rajya Sabha nomination from Madhya Pradesh. …

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Related PYQs

2025GS2 Mains

Discuss the 'corrupt practices' for the purpose of the Representation of the People Act, 1951. Analyze whether the increase in the assets of the legislators and/or their associates, disproportionate to their known sources of income, would constitute 'undue influence' and consequently a corrupt practice.

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Practice MCQs

Polityeasy

Which Article of the Constitution bars courts from interfering with the electoral process once it has commenced, as held in N.P. Ponnuswami v. Returning Officer (1952)?

AArticle 226
BArticle 329(b)
CArticle 32
DArticle 141
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Politymedium

With reference to Form 26 under the Conduct of Election Rules, 1961, consider the following statements:

1.Form 26 is prescribed under Rule 4A of the Conduct of Election Rules, 1961.

2.Paragraph 5 of Form 26, as amended in 2018, requires disclosure of only those pending criminal cases where charges have been framed by a court.

Which of the statements given above is/are correct?

A1 only
B2 only
CBoth 1 and 2
DNeither 1 nor 2
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Politymedium

Consider the following statements regarding Section 33-A of the Representation of the People Act, 1951:

1.It requires disclosure only of criminal cases where charges have been framed by a competent court.

2.It requires disclosure only for offences punishable with imprisonment of less than two years.

Which of the statements given above is/are correct?

A1 only
B2 only
CBoth 1 and 2
DNeither 1 nor 2
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Politymedium

Under the Representation of the People Act, 1951, an election can be challenged through an election petition on which of the following grounds?

1.Commission of a corrupt practice by the returned candidate

2.Improper rejection of a nomination paper

3.Non-compliance with constitutional or statutory provisions materially affecting the result

How many of the above are valid grounds under Section 100 of the Act?

AOnly one
BOnly two
CAll three
DNone
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Polityhard

Consider the following pairs of judicial pronouncements and their holdings:

1.Union of India v. Association for Democratic Reforms (2002) — Mandatory disclosure of candidates' antecedents flows from voters' right to information

2.N.P. Ponnuswami v. Returning Officer (1952) — Article 329(b) bars judicial interference once the election process has commenced

3.Kihoto Hollohan v. Zachillhu (1992) — Upheld the constitutional validity of the Tenth Schedule

How many of the above pairs are correctly matched?

AOnly one
BOnly two
CAll three
DNone
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