Allahabad High Court: Election Commission Should Put Verification Report Of Candidates Received From CBDT In Public Domain

The Allahabad High Court has held that the Election Commission of India is the responsible statutory body which should put the verification report pertaining to candidates, as received from the Central Board of Direct Taxes in the public domain.

The Court was considering a Public Interest Litigation regarding disclosure of assets by candidates in elections.

The Division Bench of Justice Rajan Roy and Justice Manjive Shukla observed, "Prima facie, the Election Commission of India appears to be the statutory body which should put the verification report as received from the CBDT in the public domain, especially as the correspondence has taken place between the Election Commission of India and CBDT in this regard..."

The Petitioner appeared in person while the Respondent was represented by Advocate Kaushlendra Yadav.

The correspondence between the Election Commission of India and the Central Board of Direct Taxes mentioned that the disclosure of assets by Candidates for election in Form 26 was to be verified by the Income Tax Department and the verification reports were to be sent to the Election Commission of India.

The Petitioner claimed that the Election Commission of India was required to put the details in the public domain, which was not done.

Senior Advocate appearing for the Election Commission of India said that it is the Income Tax Department which should have put in public domain, whereas the counsel for the Income Tax Department denies its obligation in this regard.

The Court observed that prima facie, from the documents on record, it appears that if at all this was to be done, it was to be done by the Election Commission of India.

"Let an affidavit be filed on behalf of the Election Commission of India keeping in mind the documents being relied by the petitioner as to its obligation to put such information in public domain. Secondly, if so, what is the mechanism for the same. A copy of the affidavit be served upon Shri Neerav Chitravanshi also before filing", the Court stated.

On the submission that the mechanism is to be developed by the Government of India, the Court noted that Union of India has not been impleaded as an opposite party in the proceedings.

".....The mechanism should also be put in place by the Election Commission of India which is an independent body but considering the stand of the Election Commission of India in the counter affidavit and to resolve this important issue, we are of the opinion that it would be necessary and proper to implead Union of India through Ministry of Home Affairs as an opposite party in these proceedings which are in public interest for issuing substantive directions in furtherance of the directions of Hon'ble the Supreme Court and the issues arising herein with regard to putting the verification report referred above in public domain", the Court observed.

The matter was accordingly listed for September 15, 2025.

Cause Title: Lok Prahari vs. Election Commission Of India

Appearances:

Petitioner- In-Person

Respondent- Advocate Kaushlendra Yadav, Advocate Anupriya Srivastava, Advocate Kushagra Dikshit, Advocate Manish Misra, Advocate Neerav Chitravanshi

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