Filing a nomination: who can stand, the deposit, and what candidates must disclose
Before a name appears on the EVM, a candidate has to clear several checks. This guide walks through them, and explains why every candidate now publishes their assets and criminal cases.
By the Janadesh Online editorial team. Facts last checked against the sources below on 25 September 2026.
Who can stand
- A citizen of India, who takes an oath or affirmation in the form in the Third Schedule
- At least 25 years old for the Lok Sabha or a Legislative Assembly
- At least 30 years old for the Rajya Sabha or a Legislative Council
- An elector on the electoral roll, for any Parliamentary constituency (Lok Sabha) or any Assembly constituency in the state (Assembly)
- For a reserved seat, a member of the relevant Scheduled Caste or Scheduled Tribe
The wording is "an elector for any" constituency, so a candidate need not be a voter in the constituency they contest. Candidates for reserved seats must state their caste or tribe in the nomination paper (section 33(2)). See how to register as a voter.
From notification to poll
- The notification
It calls on the electorate to elect members of a House, and candidates can begin filing nominations.
- Scrutiny
The returning officer examines each nomination after the last date for filing.
- Withdrawal
Validly nominated candidates can withdraw within two days from the date of scrutiny.
- Campaign and poll
Candidates get at least two weeks for campaigning before the date of the poll.
- Counting and results
These follow on a separately scheduled date.
The paperwork and the deposit
- ₹25,000Lok Sabha, general category
- ₹12,500Lok Sabha, SC or ST candidate
- ₹10,000Assembly or Council, general category
- ₹5,000Assembly or Council, SC or ST candidate
- The deposit is paid in cash to the returning officer, or a receipt of deposit in the Reserve Bank or a government treasury is enclosed with the nomination. One deposit covers several nomination papers filed for the same constituency.
- A candidate of a recognised party needs one elector of the constituency as a proposer. Any other candidate needs ten proposers, all electors of the constituency (section 33).
- The returning officer checks that the names and roll numbers of candidate and proposer match the electoral roll (section 33(4)).
- A person can contest from at most two constituencies in a general election (section 33(7)). See what a bypoll is for what happens if they win both.
Scrutiny: how a nomination is rejected
Under section 36, the returning officer can reject a nomination if the candidate is disqualified, if the requirements of section 33 or 34 have not been met, or if the signature of the candidate or proposer is not genuine. A nomination cannot be rejected for a defect that is not of a substantial character.
Under section 8(3) of the Representation of the People Act, a person convicted of an offence and sentenced to imprisonment for not less than two years is disqualified from the date of conviction and for a further six years after release. In Lily Thomas v. Union of India (2013) the Supreme Court struck down section 8(4), which had given sitting members three months to appeal, so a sitting MP or MLA is disqualified from the date of conviction.
What candidates must disclose, and why
- 2 May 2002, Union of India v. ADR
The Supreme Court held that the voter's right to know a candidate's background flows from Article 19(1)(a) and directed the Election Commission to require an affidavit with each nomination covering convictions, pending cases where charges are framed or cognizance is taken, assets of the candidate, spouse and dependants, liabilities including dues to public institutions, and educational qualifications.
- 13 Mar 2003, PUCL v. Union of India
After Parliament's 2002 amendment limited the disclosures, the Court held section 33B unconstitutional and again required fuller disclosures. The right to information about candidates is part of Article 19(1)(a).
- 25 Sep 2018, Public Interest Foundation v. Union of India
The Court held that only Parliament can add disqualifications, and so it did not bar candidates facing criminal charges. It directed candidates to fill in all particulars, with pending criminal cases stated in bold letters, to inform their party, and to publicise their records in the media, and asked parties to publish candidates' details on their websites.
- 13 Feb 2020, Rambabu Singh Thakur v. Sunil Arora
The Court directed parties to publish details of candidates with pending criminal cases, with reasons for selecting them based on qualifications, achievements and merit and "not mere winnability", and to report compliance to the Commission.
The affidavit is filed in the prescribed form, known as Form 26, under Rule 4A of the Conduct of Elections Rules, 1961. It covers assets, liabilities, education, and criminal cases, and is sworn before an oath commissioner, magistrate or notary. The form has been revised more than once. You can read candidates' records on this site under Candidates.
The 2018 and 2020 directions have since been adjusted by later orders and Election Commission instructions that we have not verified, so treat those two rulings as the origin of the disclosure rules and not as the exact current procedure.
Frequently asked questions
What is the minimum age to contest a Lok Sabha or Assembly election?
25 years. For the Rajya Sabha or a Legislative Council it is 30 years.
How much is the security deposit?
₹25,000 for a Lok Sabha candidate and ₹10,000 for an Assembly or Council candidate, halved for candidates from the Scheduled Castes and Scheduled Tribes (section 34).
How many proposers does a candidate need?
One elector of the constituency for a candidate of a recognised party, and ten electors for any other candidate.
Do candidates have to disclose criminal cases?
Yes. Since the Supreme Court's 2002 ruling in Union of India v. ADR, candidates file an affidavit with their nomination that covers convictions and pending cases, assets and liabilities, and education.
Can a person contest from two seats?
Yes, from up to two constituencies in a general election. If they win both, they must resign one within the prescribed time.
Sources
- Constitution of India, Article 84
- Constitution of India, Article 173
- Representation of the People Act, section 4
- Representation of the People Act, section 5
- Representation of the People Act, section 30
- Representation of the People Act, section 33
- Representation of the People Act, section 34
- Representation of the People Act, section 36
- Representation of the People Act, section 8
- Supreme Court: Lily Thomas v. Union of India, 10 July 2013
- Supreme Court: Union of India v. Association for Democratic Reforms, 2 May 2002
- Supreme Court: People's Union for Civil Liberties v. Union of India, 13 March 2003
- Supreme Court: Public Interest Foundation v. Union of India, 25 September 2018
- SCC Online: Candidates with criminal antecedents, Parliament has exclusive jurisdiction to lay down disqualification
- Supreme Court: Rambabu Singh Thakur v. Sunil Arora, 13 February 2020
- Bar & Bench: The voter's right to know, obligation to disclose under the amended Form 26
- ECI SVEEP: Help, the election process
Janadesh Online is independent and not affiliated with the Election Commission of India. Rules and procedures can change between elections; the Commission’s own notices are the authority. Spotted an error? Tell us on the contact page.
