The Uttar Pradesh Election Watch and Association for Democratic Reforms (ADR) have analysed the self-sworn affidavits of 621 candidates out of 624, who are contesting in the Uttar Pradesh Assembly Elections Phase IV.
Uttar Pradesh Election Watch and ADR have not analysed 3 candidates as their affidavits were either badly scanned or complete affidavits were not uploaded on the ECI website. The details of these candidates are given below:
S.No. | Name | District | Constituency | Party |
1 | Ram Kishor Verma | Sitapur | Biswan | JD(U) |
2 | Vijay Prakash Gautam | Sitapur | Misrikh (Sc) | Aazad Samaj Party (Kanshi Ram) |
3 | Shakeel Ahmad Noori | Pilibhit | Pilibhit | INC |
Table: List of Candidates not analysed
Criminal Background
- Candidates with Criminal Cases: Out of 621 candidates analyzed, 167 (27%) candidates have declared criminal cases against themselves.
- Candidates with Serious Criminal Cases: 129(21%) have declared serious criminal cases against themselves.
Figure: Party Wise Percentage of Candidates with Criminal Cases
- Party wise Candidates with Criminal Cases: Among the major parties,31(53%) out of 58 candidates analysed from INC, 30(53%) out of 57 candidates analysed from SP, 26 (44%) out of 59 candidates analysed from BSP, 23 (40%) out of 57 candidates analysed from BJP and 11 (24%) out of 45 candidates analysed from AAP have declared criminal cases against themselves in their affidavits.
- Party wise Candidates with Serious Criminal Cases: Among the major parties,22(38%) out of 58 candidates analysed from INC, 22(39%) out of 57 candidates analysed from SP, 22 (37%) out of 59 candidates analysed from BSP, 17 (30%) out of 57 candidates analysed from BJP and 9 (20%) out of 45 candidates analysed from AAP have declared serious criminal cases against themselves in their affidavits.
- Candidates with declared cases related to crime against women: 9 candidates have declared cases related to crime against women. Out of 9 candidates 2 candidates have declared cases related to rape (IPC Section-376).
- Candidates with declared cases related to murder: 5 candidates have declared cases related to murder (IPC Section-302) against themselves.
- Candidates with declared cases related to attempt to murder: 14 candidates have declared cases related to Attempt to murder (IPC Section-307) against themselves.
- Red Alert Constituencies*: 29(49%) out of 59 constituencies are Red alert constituencies. Red alert constituencies are those where 3 or more contesting candidates have declared criminal cases against themselves.
- The directions of the Supreme Court have had no effect on the political parties in selection of candidates in Phase IV of the Uttar Pradesh Assembly Elections as they have again followed their old practice of giving tickets to around 27% candidates with criminal cases. All major parties contesting in Uttar Pradesh phase IV elections have given tickets to 24 % to 53 % candidates who have declared criminal cases against themselves. The Supreme Court in its directions dated 13th February, 2020 had specifically instructed political parties to give reasons for such selection and why other individuals without criminal antecedents could not be selected as candidates. As per these mandatory guidelines, the reasons for such selection has to be with reference to qualifications, achievements and merit of the candidate concerned. During the recent 6 State Assembly elections held in 2020-21, it was observed that political parties gave unfounded and baseless reasons like popularity of the person, does good social work, cases are politically motivated etc. These are not sound and cogent reasons for fielding candidates with tainted backgrounds. This data clearly shows that political parties have no interest in reforming the electoral system and our democracy will continue to suffer at the hands of lawbreakers who become lawmakers.
Financial Background
- Share of wealth among candidates: The share of wealth amongst the candidates contesting in the Uttar Pradesh assembly elections 2022 phase IV is as follows:
Value of assets (Rs.) | Number of candidates | Percentage of Candidates |
5 crores and above | 75 | 12% |
2 crores to 5 crores | 88 | 14% |
50 lakhs to 2 crores | 145 | 23% |
10 lakhs to 50 lakhs | 167 | 27% |
less than 10 lakhs | 146 | 24% |
- Crorepati Candidates: Out of the 621 candidates, 231(37%) are crorepatis.
- Party wise Crorepati Candidates: The role of money power in our elections is evident from the fact that all major political parties give tickets to wealthy candidates. Among the major parties 50(88%) out of 57 candidates analysed from BJP, 48(84%) out of 57 candidates analysed from SP, 44(75%) out of 59 candidates analysed from BSP, 28(48%) out of 58 candidates analysed from INC and 16(36%) out of 45 candidates analysed from AAP have declared assets valued more than Rs 1 crore.
- Average assets: The average of assets per candidate contesting in the Uttar Pradesh Assembly Elections 2022 Phase IV is Rs 2.46 Crores.
- Party wise average assets: Among major parties, the average assets per candidate for 57 BJP candidates analysed is Rs. 7.57 Crores, 57 SP candidates analysed is Rs 5.65 Crores, 59 BSP candidates have average assets of Rs 4.71Crores, 58 INC candidates have average assets of Rs 3.33 Crores and 45 AAP candidates have average assets worth Rs. 2.08 Crores.
- High asset candidates: The details of top 3 candidates with highest declared assets, contesting in the Uttar Pradesh Assembly Elections Phase IV are given below:
S.No. | Name | District | Constituency | Party Name | Movable Assets (Rs) | Immovable Assets (Rs) | Total Assets (Rs) | PAN Given |
1 | Rajiv Bakshi | Lucknow | Lucknow West | AAP | 30,42,026 | 56,31,65,000 | 56,62,07,026 | Y |
2 | Anoop Kumar Gupta | Sitapur | Maholi | SP | 12,14,20,956 | 40,25,22,900 | 52,39,43,856 | Y |
3 | Shobhit Pathak | Hardoi | Hardoi | BSP | 8,79,60,501 | 25,40,00,000 | 34,19,60,501 | Y |
Table: Top three candidates with highest declared assets
- Zero assets candidates: One candidate of AAP namely Vijay Kumar from Khaga (Sc) constituency has declared zero assets in his self sworn affidavit.
- Low assets candidates: The details of three candidates with lowest assets (excluding zero assets candidate) are as follows:
S.No. | Name | District | Constituency | Party | Movable Assets (Rs) | Immovable Assets (Rs) | Total Assets (Rs) | PAN Given |
1 | Surendra Kumar | Unnao | Bhagwantnagar | Aazad Samaj Party (Kanshi Ram) | 5,000 | 0 | 5,000 | Y |
2 | Jitendra Kumar | Lucknow | Sarojini Nagar | Bahujan Mukti Party | 11,500 | 0 | 11,500 | Y |
3 | Dayaram | Banda | Naraini (Sc) | CPI | 12,000 | 0 | 12,000 | Y |
Table: Candidates with declared lowest assets
* on assets value indicates that the candidate has not provided the total in their affidavits, it has been calculated on the basis of details provided by them in the same
- Candidates with high liabilities: 259(42%) candidates have declared liabilities in their affidavits. The details of top three candidates with highest liabilities are given below:
S.No. | Name | District | Constituency | Party Name | Total Assets (Rs) | Liabilities (Rs) | PAN Given |
1 | Shahana Siddiqui | Lucknow | Lucknow West | INC | 24,07,42,591 | 17,29,43,000 | Y |
2 | Vikas Gupta | Fatehpur | Ayah Shah | BJP | 32,39,97,588 | 12,31,91,949 | Y |
3 | Armaan Khan | Lucknow | Lucknow West | SP | 14,68,79,642 | 6,71,03,174 | Y |
Table: Top three candidates with highest liabilities
- Candidates with high income as declared in the ITR*: The details of top 3 candidates with high income declared in ITR are given below:
S.No. | Name | Party Name | Constituency | District | Total Asset (Rs) | Self-Source of Income | Spouse's Source of Income | The financial year for which the last income tax return has been filed by candidate | Total income shown by candidate in ITR (Self+Spouse+Dependent) (Rs) | Self-income shown by candidate in ITR (Rs) |
1 | Akhilesh Pathak | IND | Shahabad | Hardoi | 14,09,90,000 14 Crore+ | Contractor & Agriculture | NA | 2019-2020 | 14,00,47,916 14 Crore+ | 13,94,87,916 13 Crore+ |
2 | Vandana Bharrgava | INC | Biswan | Sitapur | 28,75,51,738 28 Crore+ | According To Income Tax | According To Income Tax | 2020-2021 | 2,40,46,518 2 Crore+ | 1,92,77,720 1 Crore+ |
3 | Vikas Gupta | BJP | Ayah Shah | Fatehpur | 32,39,97,588 32 Crore+ | Agriculture & Business Shyam Motors ( Dealer-Hero Moto Corp. Ltd. ) | Agriculture & Business Rama Auto Care (Dealer-10C Ltd.) | 2019-2020 | 1,65,06,836 1 Crore+ | 1,28,10,340 1 Crore+ |
Table: Top 3 candidates with highest income as declared in ITR
- Undeclared PAN: A total of 38(6%) candidates have not declared their PAN details.
- Education details of candidates: 201(32%) candidates have declared their educational qualifications to be between 5th and 12th standard while 375 (60%) candidates have declared having an educational qualification of graduate or above. 4 candidates are Diploma holders. 30 candidates have declared themselves to be just literate and 9 candidates are Illiterates. 2 candidates have not given their educational qualification.
- Age details of candidates: 223(36%) candidates have declared their age to be between 25 to 40 years while 336 (54%) candidates have declared their age to be between 41 to 60 years. There are 62(10%) candidates who have declared their age to be between 61 to 80 years.
- Gender details of candidates: 91(15%) female candidates are contesting in the Uttar Pradesh assembly election 2022 Phase IV.
- To remedy the existing problem of criminalization is to immediately act upon the plausible solutions offered by various committees, civil society and citizens. Supreme Court of India being the ultimate custodian of “Justice and Rule of Law” should reprimand political parties and politicians for their complete lack of will, reprehensible predilection and absence of required laws.
- Permanent disqualification of candidates convicted for heinous crimes like murder, rape, smuggling, dacoity, kidnapping etc.
- Disqualification of persons from contesting elections to the public offices against whom charges have been framed for having committed serious criminal offences punishable by imprisonment of at least 5 years, and the case is filed at least 6 months prior to the election in question.
- Cancellation of tax exemptions given to the political parties who field such tainted candidates.
- Bringing political parties under the Right to Information Act.
- De-register and de-recognise any political party if it knowingly puts up a candidate with a tainted background.
- Political party should annually file the information on criminal antecedents of their Office Bearers and make such records available to the public, including NIL records.
- Disqualification of candidates furnishing false information in the election affidavit (Form 26).
- Ensure trial of cases in which the politicians are accused to be concluded in a time bound manner.
- Implementation of SC judgment dated 23rd September, 2013 (i.e provision of NOTA buttons on the EVMs) in its letter and spirit by ensuring a) if NOTA gets more votes than any of the candidates, none of the candidates should be declared elected, and a fresh election should be held; b) in the fresh election, none of the candidates in the earlier election, in which NOTA got the highest number of votes, should be allowed to contest.
- Implementation of the 25th September, 2018 and 13th February, 2020 SC orders on 'publication of criminal cases against candidates selected by political parties along with reasons for such selection' in its letter and spirit by directing the Election Commission of India a) to list out names of such tainted candidates selected by the political parties along with such reasons for such selection C8 including diligent publication of reasons in newspapers, T.V channels, party website etc, b) strict and constant reminders by ROs to the defaulters, c) list needs to be religiously prepared and submitted to the Supreme Court after every election, d) uploading of this list on ECI’s website for public inspection, e) a suitably heavy financial penalty levied on political parties for making insufficient disclosures, invalid and common reasons, selection of candidates based on winnability and f) Officer in-charge of a political party pertaining to submission of a compliance report should also be held accountable for such a breach.
- The Election Commission of India and all State Election Commissions should make it mandatory in all elections; Parliamentary, Assembly and Local Body elections to carry display boards outside each and every polling booth showing a summarised version of candidates’ affidavits. The polling booths should essentially display details of candidate’s criminal records, assets and liabilities and education qualification.
- The Election Commission of India under its ‘Systematic Voters’ Education and Electoral Participation’ (SVEEP) as well as through other national campaigns on voter awareness held before every election should inform and aware the voters that (i) taking and giving cash or gifts/freebies for votes is a criminal offense, (ii) such instances should be brought to the notice of the ECI through its web application, (iii) inform voters that information on criminal records of candidates is available on the ECI website, outside polling booths and other sources that the ECI may use.
- Political parties in India should be required to announce/publish the list of candidates contesting elections at least 3 months prior to elections.
- Role of money and muscle power is evident from the fact that all major political parties in UP phase IV elections have fielded 36% to 88% candidates who are crorepatis and 24% to 53 % candidates who have declared criminal cases against themselves. This close and alarming nexus between money power and muscle power has got so ingrained in our electoral system that the citizens are left hostage to the current situation. 38 % of the population of UP is already below the poverty line as per the NFHS 2015-16 report of NITI Aayog published in 2021. Money and muscle power hurt the principles of 'free and fair elections', 'participatory democracy' and 'level playing field'. The present circumstances therefore demand an extensive deliberation by the voters so that sanctity of elections is not ridiculed by tenacious entry of tainted candidates and candidates with abnormal multiplication of assets.
Uttar Pradesh Election Watch
Mr. Sanjay Singh | Dr Lenin | Mr.Anil Sharma | Mr. Mahesh Anand |
Association for Democratic Reforms/National Election Watch
Media and Journalist Helpline
+91 80103 94248 Email: adr@adrindia.org | Maj.Gen. Anil Verma (Retd) Head Association for Democratic Reforms, National Election Watch 011 4165 4200, +91 88264 79910 adr@adrIndia.org, | Prof Jagdeep Chhokar IIM Ahmedabad (Retd.) Founder Member, Association for Democratic Reforms, National Election Watch | Prof Trilochan Sastry IIM Bangalore Founder Member, Association for Democratic Reforms, National Election Watch +91 94483 53285 |
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