How to read an election affidavit
Since a 2003 Supreme Court ruling, every candidate for the Lok Sabha or a state assembly must file a sworn affidavit - Form 26 - with the Election Commission when they file their nomination. It is a public document, and it is one of the most useful things a voter can read.
This guide explains a public document. A declared court case is an allegation a court is still examining, not a conviction. Reading these figures is about information - never a verdict.
What the affidavit contains
Form 26 declares, on oath, the candidate's assets (their own and their spouse's and dependants'), their liabilities (loans and dues), their educational qualifications, and any criminal cases against them.
Because it is sworn, filing false information is itself an offence - which is part of what makes the document worth reading.
Assets and liabilities
Assets are split into movable (cash, deposits, jewellery, vehicles, investments) and immovable (land and buildings). Liabilities are what they owe - bank loans, government dues, and so on.
Large assets are not, by themselves, evidence of wrongdoing, and modest assets are not proof of honesty. It is more telling to look at how the figures change between elections, and whether the change is explained.
The "declared cases" section - read this carefully
The affidavit lists criminal cases in two parts: cases where a court has already "framed charges" (decided there is enough to put the person on trial), and cases where charges are only alleged.
A declared case means a trial is pending. In Indian law a person is presumed innocent until convicted, so a pending case is not a conviction and must not be read as one.
A separate part lists any past convictions. That is a different thing from a pending case, and the affidavit keeps the two apart for a reason.
Education and other details
The affidavit states the candidate's highest qualification and institution. There is no minimum education requirement to contest an election in India, so this is context, not a pass-or-fail test.
It also records age, and the income-tax and PAN details of the candidate and family.
Where to find and check it
The signed affidavit is a public record. The Election Commission publishes candidate affidavits, and non-profit groups compile them into searchable form.
Prefer the original scanned affidavit on the ECI record over any second-hand summary, and note which election it was filed for - the figures are a snapshot of that moment.
Common questions
Does a pending case mean the candidate is guilty?
No. It means a court is examining an allegation. Under the law the person is innocent unless and until a court convicts them.
Is a candidate with more assets a worse choice?
Not necessarily. The affidavit is information, not a scorecard. It tells you what was declared; the judgement is yours to make.
What if a candidate lies on the affidavit?
Filing a false affidavit is a punishable offence, and a rival or a citizen can bring it to the notice of the Election Commission or the courts.
Sources
- Election Commission of India· Aug 3, 2026
- MyNeta - candidate affidavits (ADR)· Aug 3, 2026
- Association for Democratic Reforms· Aug 3, 2026