Allahabad HC Pulls Up ECI Over Non-Disclosure of Candidate Asset Verification Reports, Impleads Union Govt
The Allahabad High Court recently took strong exception to the failure of the Election Commission of India (ECI) to publish verification reports of election candidates’ asset declarations, a mandate laid down by the Supreme Court more than seven years ago.
The public interest litigation, filed by advocacy group Lok Prahari through its General Secretary and retired IAS officer S.N. Shukla, highlighted that the Supreme Court’s one February 2018 judgment required candidates’ asset disclosures in Form 26 to be verified by the Income Tax Department, with the resulting reports to be forwarded to the ECI and made publicly accessible.
However, despite correspondence between the ECI and the Central Board of Direct Taxes (CBDT), the reports have not been placed in the public domain. Shukla, appearing in person, argued that the Commission’s inaction undermines electoral transparency and violates the apex court’s order.
The ECI, represented by senior advocate O.P. Srivastava, countered by claiming that it was the responsibility of the Income Tax Department to publish the reports. This assertion was swiftly denied by counsel for the tax authorities, who maintained that no such obligation rested with them.
Faced with these conflicting stands, the bench of Justice Rajan Roy and Justice Manjive Shukla made clear its dissatisfaction. “Prima facie, if at all this was to be done, it was to be done by the Election Commission of India,” the court observed, emphasizing that the ECI, being a statutory independent body, must develop a mechanism to ensure such disclosures are available to the public.
Court also noted the troubling delay. “The judgment of Hon’ble the Supreme Court was passed in 2018 and we are now in 2025 and it has not been given effect,” the order stated, underscoring the prolonged inaction in implementing a ruling central to electoral integrity.
While the ECI attempted to shift the burden onto the Government of India, the bench pointed out that the Union of India had not been impleaded as a party in the case. Given the nature of the PIL, court directed that the Ministry of Home Affairs be added as a respondent to resolve the issue comprehensively.
The Deputy Solicitor General of India, S.B. Pandey, has been asked to appear on behalf of the Union government and file an affidavit addressing both the writ petition and the compliance gap in implementing the Supreme Court’s directive.
The matter has been listed for hearing on September 15, 2025. Court has also directed that responsible officers from both the ECI and the Ministry of Home Affairs must join the proceedings via video conferencing, stressing the urgency of finding a resolution.
Case Title: Lok Prahari vs. Election Commission Of India and Another
Order Date: August 11, 2025
Bench: Justices Rajan Roy and Manjive Shukla