Candidate Disclosure under Section 33A

Section 33A of the Representation of the People Act, 1951 requires a candidate to disclose specified pending criminal cases and convictions when filing a nomination. Its statutory thresholds concern serious pending charges and certain convictions carrying imprisonment.

Pending criminal cases

A candidate must disclose whether he or she is accused in a pending case involving an offence punishable with imprisonment for two years or more, provided a court of competent jurisdiction has framed charges.

• A mere allegation or FIR does not meet this specific statutory threshold unless the court has framed charges.
• The case must be pending when the nomination is filed.

Past convictions

The candidate must disclose any conviction, other than an offence referred to in Section 8(1) or Section 8(2), or covered by Section 8(3), where the candidate was sentenced to imprisonment for one year or more.

• The conviction category is distinct from the statutory disqualifications arising under Section 8.

Mode and purpose of disclosure

Under Section 33A(2), the candidate or proposer must submit, along with the nomination paper, an affidavit sworn by the candidate in the prescribed form. Rule 4A of the Conduct of Elections Rules, 1961 prescribes Form 26 for this purpose.

• The returning officer must display the furnished information at a conspicuous place in the office for electors' information.
• Disclosure of a pending case does not establish guilt or automatically disqualify the candidate.