SC rejects Jan Suraaj Party's plea challenging Bihar elections, calls it publicity-driven

The Supreme Court on Friday (February 6) rejected a writ petition filed by the Jan Suraaj Party of Prashant Kishore, which challenged the outcome of the Bihar Assembly elections and sought fresh elections. The top court chided the party, stating that when people rejected the,m they approached the court for publicity.

The petition was being heard by the bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi, who dismissed it as withdrawn while granting liberty to approach the High Court.

‘How many votes you got’

“How many votes your party got? If people reject, then you approach the judicial forum to get popularity,” the CJ said as quoted by Live Law.

Questioning the petition filed under Article 32 of the Constitution, the party challenged direct transfers of Rs 10,000 to women voters in Bihar while the Model Code of Conduct was in force, Justice Bagchi asked under which clause of Section 100 of the Representation of the People's Act can an entire election be set aside.

Also Read: Supreme Court to hear PIL against election freebies in March

Appearing for the petitioner, senior advocate Chander Uday Singh pointed out that the apex court was already scrutinising the issue of 'freebies' in other cases.

"The model code of conduct is in every state, and in a fiscal deficit state, which is one of the most indebted states, to offer so many crores as an election dole, without any budgetary support, it will completely disrupt the level playing field," added Singh.

‘Specific candidate-wise allegations’

At this point, the CJI stated that the writ petition was a "composite election petition" seeking an "omnibus" order to set aside the Assembly election in Bihar, adding that there must be specific allegations with regard to each candidate regarding corrupt electoral practices. He further stated that the appropriate remedy in a matter should be to file election petitions regarding each constituency.

Also Read: Supreme Court criticises MCA leadership, says ex-cricketers should run cricket bodies

Responding to the CJI’s comment that the cash transfer scheme should have been challenged, Singh said that a challenge can be raised. The CJI then pointed out that the petition does not have any prayer against the cash transfer scheme and instead seeks that the entire Bihar Assembly elections should be set aside.

"The High Court can certainly consider, it is not a pan-India issue," CJI said, adding "Freebies issue being examined by us seriously. We would like to go into apt. case but not at the instance of a party that has lost everything in the election and then wants...if this political party gets power, it will do the same thing.”