Delhi High Court Asks Centre To Consider Plea Seeking Mandatory Disclosure Of Cryptocurrencies By Election Candidates

The Delhi High Court has asked the Union Government to decide a plea seeking mandatory disclosure of cryptocurrencies and other virtual digital assets by election candidates in their nomination affidavits.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia asked the Centre to take an informed decision as expeditiously as possible, within six months.

The Court closed a plea moved by advocate Deepanshu Sahu seeking inclusion of “Virtual Digital Assets” within the definition of assets under Section 75A of the Representation of the People Act, 1951, and a dedicated disclosure column for such assets in Form 26 prescribed under the Conduct of Election Rules, 1961.

The Court observed that the prayers can be considered by the Ministry concerned of the Union of India more appropriately.

“Accordingly, we dispose of this writ petition with direction to the concerned Ministry of the Union of India to consider the grievances raised in this writ petition and take a informed decision thereto as expeditiously as possible say within a period of six months,” the Court said.

The petition contended that while election candidates are presently required to disclose movable and immovable assets, the statutory framework does not explicitly recognise or provide a separate disclosure mechanism for cryptocurrencies.

According to the plea, this creates a “serious lacuna” that allows candidates to conceal substantial digital wealth or disclose it vaguely under residual asset categories.

“The absence of a specific column or definition for Virtual Digital Assets in Form 26 permits candidates to conceal substantial digital wealth under the vague residual category of “any other assets” or avoid disclosure altogether. Given the pseudonymous, decentralised, and cross-border nature of cryptocurrencies, this omission creates a structural loophole capable of being exploited for undisclosed political funding, circumvention of expenditure ceilings, concealment of wealth, quid-pro-quo arrangements, and electoral malpractices, thereby defeating the very object of Section 75A of the RPA,” the plea stated.

It added that non-disclosure of cryptocurrency holdings violates the voters' fundamental right to information under Article 19(1)(a) of the Constitution of India.

As per the petitioner, disclosure of cryptocurrency holdings is both feasible and practicable, as evidenced by voluntary disclosures made by sitting Members of Parliament in election affidavits and parliamentary declarations, thereby dispelling any apprehension regarding implementation.

“In these circumstances, the present PIL seeks limited, targeted, and constitutionally grounded reliefs—namely, a declaration that Virtual Digital Assets fall within the scope of “movable assets” under Section 75A, and a direction to amend Form 26 to include a dedicated disclosure mechanism for cryptocurrency holdings. The reliefs sought neither intrude upon legislative policy nor create new offences, but merely advance transparency, accountability, and informed democratic choice, which lie at the heart of the Constitution,” the petition said.

Counsel for Petitioner: Ms.Suroor Mander with Mr.Siddharth Mishra, Mr.Kartik Rajpurohit, Mr.Gaurav Kumar, Mr.Sehrish Jafri, Advs

Counsel for Respondents: Ms.Pratima N Lakra, CGSC with Mr.Adhiraj Singh, GP for R- 1 & 2; Ms.Anjana Gosain, Adv for R-2

Title: DEEPANSHU SAHU v. UNION OF INDIA & ORS