ECI directs states/UTs to ensure timely issuance of 'No Dues Certificate' for candidates

The Election Commission of India (ECI) has issued a directive to all States and Union Territories (UTs) to ensure the time-bound issuance of a 'No Dues certificate' to intending candidates, to be included in their affidavits during elections.

In a letter addressed to the Chief Secretaries of all States and UTs, the ECI emphasized the importance of candidates filing their nomination papers along with an Affidavit in Form 26, as required by Section 33A of the Representation of the People Act, 1951. The Affidavit must be fully completed without leaving any column blank.

Furthermore, the directive highlighted the need for candidates who have been in occupation of government accommodation in the last 10 years to provide details of government dues accrued, including rent, electricity charges, water charges, and telephone charges. The 'No Dues Certificate' should be dated no later than the last date of the third month before the month in which the election is notified or any subsequent date.

The ECI specified that the 'No Dues Certificate' must be submitted along with the Affidavit by 3:00 PM on the last date of making nominations in the constituency concerned. Failure to provide the 'No Dues Certificate' even after clearing all dues can result in the rejection of the candidate's candidature during scrutiny.

The directive comes in response to instances during the ongoing elections to the Lok Sabha, 2024, where intending candidates faced challenges obtaining a 'No Dues Certificate' from concerned authorities, despite clearing all dues. The ECI emphasized the importance of timely issuance of these certificates to uphold the principles of participatory electoral democracy and avoid disruptions to the electoral process.

To address these challenges, the ECI directed agencies, authorities, and departments to issue a 'No Dues Certificate' within 48 hours of receiving a request letter if no dues are pending or due by law. Additionally, details of dues accrued must be provided within 48 hours of applying, and the certificate should be issued within 24 hours of clearing dues, if any.

An institutionalized mechanism will be put in place to handle such requests from prospective candidates, ensuring timely issuance of a 'No Dues Certificate' as per the specified timelines. The ECI urged immediate compliance with these instructions by the concerned departments, authorities, and agencies to facilitate a smooth electoral process.