'If People Reject, You Approach Judicial Forum' : Supreme Court Refuses To Entertain Plea Of Prashant Kishor's Party Against Bihar Elections

The Supreme Court today refused to entertain the writ petition filed by Prashant Kishor's Jan Suraaj Party challenging the Bihar Assembly Elections, 2025 and seeking fresh elections.

When the Court expressed disinclination to entertain the matter, the petitioner chose to withdraw it, with liberty to approach the High Court. Granting such liberty, the bench of CJI Surya Kant and Justice Joymalya Bagchi dismissed the petition as withdrawn.

In the petition filed under Article 32 of the Constitution, the party particularly challenged direct transfers of Rs.10,000 to women voters in the state while the Model Code of Conduct was in force.

At the outset, Justice Bagchi asked under which clause of Section 100 of the Representation of the Peoples Act can an entire election be set aside.

Senior Advocate Chander Uday Singh, for the petitioner, submitted that the Supreme Court is already examining the issue of 'freebies' in other matters. "The model code of conduct is in every state, and in a fiscal deficit state, which is one of the most indebted states, to offer so much crores as an election dole, without any budgetary support, it will completely disrupt the level playing field," Singh submitted.

The CJI said that this writ petition was a "composite election petition" seeking an "omnibus" order to set aside the entire election. CJI Kant added that there have to be specific allegations with respect to each candidate regarding corrupt election practice, and said that the appropriate remedy is to file election petitions regarding each constituency.

Singh said that he was raising a larger issue regarding the violation of the model code of conduct. He said that the offer of direct cash transfer was made to over 1.56 crore women without any prior scrutiny. The only qualification was that the husband or the woman should not be an income tax payer or should hold a government jobs. The announcement was made just ahead of the elections, and it will amount to a corrupt practice, Singh argued.

CJI Kant then commented, "How many votes your party got? If people reject, then you approach the judicial forum to get popularity."

CJI said that the cash transfer scheme should have been challenged. Singh said that a challenge can be raised. CJI then pointed out that the writ petition had no prayer against the cash transfer scheme and that the prayers were to set aside the entire election. When Singh submitted that the prayers against the election can be segregated to consider the freebies issue, CJI asked him to approach the High Court. "The High Court can certainly consider, it is not a pan-India issue," CJI said.

The CJI said that the Court will consider the "freebies" issue in the other pending petitions, but won't entertain this matter.

"Freebies issue being examined by us seriously. We would like to go into apt. case but not at the instance of a party that has lost everything in the election and then wants...if this political party gets power, it will do the same thing," CJI said.

Briefly put, the writ petition was filed under Article 32 seeking a declaration that the addition of fresh beneficiaries in the Mukhyamantri Mahila Rojgar Yojana, and payments made to them during subsistence of the Model Code of Conduct, was illegal and violative of Articles 14, 21, 112, 202 and 324 of the Constitution.

It sought directions for the Election Commission to take action under Article 324 of Constitution of India and Section 123 of Representation of People Act (which deals with corrupt practices) against direct transfer of Rs.10,000 to 25-35 lakh women voters in Bihar elections.

The petitioner further sought a declaration that deployment of 1.8 lakh women beneficiaries from self-help group JEEVIKA on the polling booth in both phases of polling was illegal and unfair.

Raising a prayer for fresh Assembly elections in Bihar in view of the alleged corrupt practices, the petitioner further sought directions for the ECI to implement the Supreme Court's directions in S Subramaniam Balaji v. State of Tamil Nadu (2013) 9 SCC 659 and prepare comprehensive guidelines on freebies, Direct Benefit Transfer Schemes etc.

The petitioner also prayed that the Election Commission fix a minimum time, preferably six months, to implement schemes which have impact on free and fair elections such as Freebies, Direct Benefit Transfer schemes, welfare schemes etc. by Political parties in power before announcement of the election schedule.

Case Title: JAN SURAAJ PARTY Versus THE ELECTION COMMISSION OF INDIA AND ORS., W.P.(C) No. 107/2026