BIHAR

SupremeCourt – Top Court Rebukes Prashant Kishor Over Bihar Poll Challenge

SupremeCourt –  The Supreme Court on Friday delivered a sharp reminder on the limits of judicial intervention in electoral matters, firmly criticising Jan Suraaj Party founder Prashant Kishor for approaching the court after failing to secure a mandate from voters. The bench made it clear that electoral defeats cannot be revisited through courtrooms, cautioning against the misuse of the judiciary as a platform for political rehabilitation.

Oinvkglg prashant kishor 625x300 06 february 26

Court warns against post-election litigation for publicity

The observations came from a bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi while hearing Kishor’s petition related to the Bihar Assembly Elections 2025. During the proceedings, the court remarked that once the electorate has delivered its verdict, political actors must accept the outcome rather than seek renewed attention through legal challenges.

The Chief Justice noted that the judicial system should not be drawn into disputes that are essentially political in nature, especially after voters have already expressed their will through the ballot.

Allegations linked to welfare scheme payments

Prashant Kishor had moved the Supreme Court after the Election Commission declined to consider his complaint. His petition alleged that payments under the Women’s Employment Scheme were transferred into beneficiaries’ bank accounts shortly before polling dates, which he argued influenced the election outcome in favour of the ruling establishment.

According to the plea, the timing of the transfers amounted to an indirect inducement to voters and violated the principles of free and fair elections. Kishor claimed that the financial assistance, disbursed while the Model Code of Conduct was in force, had a direct bearing on voter behaviour.

Bench stresses respect for democratic mandate

Rejecting these arguments at the threshold, the bench underlined that democratic outcomes must be respected. The judges reiterated that courts cannot be converted into arenas for contesting political battles already decided by the electorate.

The bench declined to entertain the petition and advised the Jan Suraaj Party to approach the Patna High Court if it wished to pursue the matter further. After reviewing the submissions, the judges indicated that the plea did not present sufficient grounds for the Supreme Court’s intervention.

Arguments presented by Jan Suraaj

Appearing for Jan Suraaj, senior advocate Chandra Uday Singh argued that the state government had transferred ₹10,000 each to women beneficiaries during the election period. He maintained that the move was strategically timed and disproportionately influenced women voters, particularly in households where spouses were not income tax payers.

The counsel described the issue as serious and urged the court to issue a notice, asserting that the scale of the alleged violation warranted immediate scrutiny at the highest level.

Court finds no legal basis for sweeping relief

The bench, however, was unconvinced. It observed that the payments in question were part of an ongoing welfare programme and did not, on their face, amount to an electoral irregularity. The judges further pointed out that election petitions are required to focus on specific constituencies or clearly identifiable violations.

In this case, the petition sought cancellation of the entire state election through a single plea, a demand the court described as legally untenable. The bench remarked that such a broad challenge failed to meet the established legal standards for setting aside an election.

Refusal to issue notice

Questioning the scope of the relief sought, the court stated that an election petition must be rooted in precise allegations tied to individual contests. The judges declined to issue any notice, concluding that the petition lacked the necessary qualifications to proceed before the Supreme Court.

Background of the Bihar Assembly Elections 2025

Voting for the Bihar Assembly Elections 2025 was held in two phases, on November 6 and November 11. Disbursement of funds under the Women’s Employment Scheme reportedly began on September 26 and continued across districts through October.

Earlier, the Rashtriya Janata Dal had also raised concerns with the Election Commission, urging a halt to the transfers on the grounds that they could influence voter sentiment. Despite these objections, the payments continued, setting the stage for the legal challenge that ultimately reached the Supreme Court.

 

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