Top court pulls up Prashant Kishor-led party for seeking cancellation after electoral defeat
February 6, 2026: The Supreme Court on Friday refused to entertain a petition filed by Prashant Kishor’s Jan Suraaj Party seeking cancellation of the 2025 Bihar Assembly elections over alleged violations of the Model Code of Conduct (MCC). The party had claimed that the polls should be declared null and void, alleging that the JD(U)-BJP alliance breached election norms by transferring ₹10,000 to women beneficiaries during the MCC period. Jan Suraaj, which made its electoral debut in the polls, failed to win any of the 238 seats it contested.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi strongly questioned the intent behind the plea, noting that the party had approached the court only after its defeat. The Chief Justice remarked that once voters had rejected the party, it could not seek relief through the judiciary. The bench observed that the petition amounted to a consolidated election challenge for the entire state and advised the party to approach the Patna High Court, as the matter related solely to Bihar.
Senior advocate C U Singh, appearing for Jan Suraaj, argued that the Mukhyamantri Mahila Rojgar Yojana involved cash transfers announced and executed while the MCC was in force, despite the state facing fiscal stress. The bench, however, distinguished the scheme from general “freebies,” noting that it involved women self-help groups. The BJP-led NDA retained power in Bihar with 202 seats in the 243-member Assembly, while the INDIA bloc won 35 seats. Jan Suraaj failed to secure a single seat, with most candidates forfeiting their deposits.