New Delhi, Feb 6: The Supreme Court on Friday declined to entertain a petition filed by the Jan Suraaj Party (JSP), founded by former political strategist Prashant Kishor, which sought to annul the Bihar Assembly elections. The party had alleged gross violations of the Model Code of Conduct (MCC) leading up to the polls.
The JSP contended that the financially strained Bihar state government had unlawfully disbursed Rs 15,600 crore under the Mukhyamantri Mahila Rojgar Yojana just before the elections, thereby undermining the principle of a level playing field for all political contenders. They specifically highlighted that payments of Rs 10,000 to women beneficiaries under the scheme were made after the election schedule was announced and while the MCC was in effect.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi sharply rebuked the party, suggesting its attempt was to leverage the judicial forum for popularity and relief after electoral defeat. “How many votes did you get? Once people reject you, you use the judicial forum to get relief!” the Chief Justice remarked, questioning why the scheme itself wasn’t challenged earlier rather than seeking an “omnibus direction for declaration of election of the entire state as null and void.”
The apex court directed the Jan Suraaj Party to approach the Patna High Court, emphasizing that the issue pertained solely to one state. The bench characterized the plea as essentially a “composite election petition for the entire state.” While acknowledging that “in some cases, there is a serious issue of freebies which we will seriously examine,” the court distinguished the direct transfer scheme from the women’s self-help group initiative at the heart of the JSP’s complaint.
Senior advocate CU Singh, representing the Jan Suraaj Party, reiterated that the scheme, under which payments were disbursed to over 35 lakh enrolled individuals, was announced just before the elections, with transfers occurring during the MCC period despite Bihar’s significant fiscal deficit.
The Jan Suraaj Party had brought the case to the Supreme Court seeking fresh elections after the BJP-led NDA secured power in the 243-member Bihar Assembly with 202 seats, while the INDIA bloc managed 35. The JSP itself failed to win any seats, with the majority of its candidates forfeiting their deposits, a context that underpinned the Supreme Court’s strong observations.
The petition had called for action under Article 324 of the Constitution and Section 123 of the Representation of the People Act, arguing the state government’s actions violated these provisions. The Mukhyamantri Mahila Rojgar Yojana is designed to provide an initial financial grant of Rs 10,000 to women to foster self-employment and small businesses across Bihar.
