The Supreme Court on Friday shut the doors on a petition filed by the Prashant Kishor-led Jan Suraaj Party that sought to set aside the 2025 Bihar Assembly elections, sending a clear signal that electoral defeats cannot be reopened casually through writ petitions.
A Bench led by the Chief Justice of India made it plain that the court was not inclined to entertain a plea that questioned the entire election process after the results were declared.
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Background of the Case
The petition was filed by the Jan Suraaj Party after it failed to win a single seat in the Bihar Assembly elections, despite contesting 238 of the total 243 constituencies. The ruling BJP-led NDA retained power with a comfortable majority, winning 202 seats.
Jan Suraaj approached the Supreme Court of India under Article 32 of the Constitution, alleging that the elections were vitiated by “illegal and corrupt practices” linked to a cash transfer scheme announced during the Model Code of Conduct period.
At the heart of the challenge was the Mukhyamantri Mahila Rojgar Yojana, under which ₹10,000 was transferred directly to women beneficiaries through direct benefit transfer (DBT).
What the Party Alleged
Appearing for Jan Suraaj, senior advocate C.U. Singh argued that Bihar, being a fiscally stressed state, could not afford such large-scale cash transfers during elections without disturbing the level playing field.
“The Model Code of Conduct is meant to ensure fairness. In a high-debt state, distributing crores without budgetary backing affects free and fair elections,” he submitted.
The party alleged that:
- The cash transfers amounted to voter inducement.
- The scheme was expanded during the election period.
- Funds were drawn from the Contingency Fund without legislative approval.
- Women beneficiaries linked to self-help groups were deployed at polling booths, compromising neutrality.
Jan Suraaj also sought directions to the Election Commission to act under Article 324 of the Constitution and Section 123 of the Representation of the People Act, which deals with corrupt practices.
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Court’s Observations
The Bench, headed by CJI Surya Kant, was visibly unconvinced.
“How many votes did your party get? If people reject you, you approach the judicial forum to gain popularity,” the Chief Justice remarked during the hearing.
The court pointed out that the petition was, in effect, a composite election petition seeking to nullify the entire Assembly election - something the law does not easily permit.
The Bench also questioned under which provision of the Representation of the People Act an entire election could be set aside in this manner.
Importantly, the judges noted that there was no specific prayer in the petition challenging the cash transfer scheme itself, even though that was the main grievance.
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High Court, Not Supreme Court
When the petitioner’s counsel suggested that the prayers could be segregated and the court could examine the freebies issue separately, the Bench declined.
“The High Court can certainly consider it. This is not a pan-India issue,” the Chief Justice said, directing the party to approach the Patna High Court instead.
Justice Joymalya Bagchi, who was also part of the Bench, agreed with the view that the Supreme Court was not the appropriate forum at this stage.
Withdrawal of the Petition
Sensing the Bench’s clear reluctance, the counsel for Jan Suraaj chose to withdraw the petition. The court dismissed the case as withdrawn, while granting liberty to the party to move the Patna High Court.
The Bench clarified that while it continues to examine broader questions around election freebies in other pending cases, it would not entertain this particular plea at the instance of a party that had already lost the election.
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Court’s Decision
The Supreme Court refused to entertain the Jan Suraaj Party’s petition challenging the 2025 Bihar Assembly elections and dismissed it as withdrawn, granting liberty to approach the Patna High Court.
Case Title: Jan Suraaj Party vs Election Commission of India & Ors.
Decision Date: February 2026
