Legal Provisions for Election Affidavit Disclosures
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1. Nomination and Affidavit Requirement: Under Section 33 of RPA 1951, read with rule 4A of election rules, candidates must file a nomination paper accompanied by an affidavit that discloses specific details in a prescribed format.
2. Landmark Supreme Court Judgment: Association of Democratic Reforms (ADR) Vs Union of India (2002)=right of voters to know the criminal background, assets, liabilities, and educational qualifications of candidates.
3. Addition of Section 33A: After the ADR judgment, Section 33A was introduced to the RP Act, mandating candidates to disclose their criminal records.
4. Penalties for Non-compliance: Section 125A of the RP Act prescribes penalties, including imprisonment or fines, for failure to furnish information, providing false data, or concealing facts in the affidavit.
