SC declines to hear Jan Suraaj plea challenging Bihar assembly poll results

The Supreme Court on Friday refused to entertain a writ petition filed by Jan Suraaj, the political platform founded by strategist Prashant Kishor, challenging the validity of the 2025 Bihar Assembly elections and seeking fresh polls.

A bench headed by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi, said it was not inclined to examine the matter under Article 32 of the Constitution.

Following the court’s observations, the petitioner sought permission to withdraw the plea with liberty to move the Patna High Court, which the bench allowed before dismissing the petition as withdrawn.

During the hearing, senior advocate Chander Uday Singh, appearing for Jan Suraaj, argued that the case raised serious concerns about the distribution of election-time “freebies”, an issue already under consideration by the Supreme Court in other proceedings. He contended that in a financially strained state such as Bihar, the announcement and implementation of a scheme providing Rs 10,000 to women voters during the election period disrupted the level playing field and violated the Model Code of Conduct.

The bench, however, questioned the timing and scope of the challenge, remarking that objections to such schemes should have been raised at the appropriate stage. It observed that the petition amounted to a “composite election petition” seeking to set aside the entire election without specifically challenging the cash transfer scheme itself.

When counsel suggested that the prayers could be separated to address the freebies issue independently, the court advised the petitioner to approach the Patna High Court instead. The bench clarified that while it would continue to examine the broader question of freebies in pending cases, it would not entertain the present plea from a party that had lost the election.

In its petition, Jan Suraaj alleged that the disbursal of Rs 10,000 to one woman per family through direct benefit transfer during the operation of the Model Code of Conduct amounted to voter inducement and undermined the principles of free and fair elections.

It claimed that benefits under the Mukhyamantri Mahila Rojgar Yojana were extended to around 25 to 35 lakh women voters during the poll period, constituting bribery and corrupt electoral practices.

The plea sought a declaration that the addition of beneficiaries and payments made during the election period were unconstitutional and violated multiple provisions of the Constitution. It also urged the Election Commission of India to take action under the Representation of the People Act, and questioned the deployment of women linked to self-help groups at polling booths during voting.

The petition further called for comprehensive guidelines on the implementation of freebies and welfare schemes, including a minimum cooling-off period before elections. After the election results, Prashant Kishor had alleged that large numbers of poor families were effectively bribed with cash transfers in exchange for votes.

The issue of electoral freebies remains under scrutiny before the Supreme Court in other cases, including a pending petition in which the court has previously warned that excessive promises could push states towards financial distress.

With IANS inputs