In a writ petition filed under Article 32 of the Constitution, Jan Suraaj has accused the Bihar government and the Election Commission of India (ECI) of failing to prevent what it terms “illegal inducement” of voters. The petition argues that the alleged cash transfers influenced voter behaviour and undermined the integrity of the electoral process.
According to the petition, the Nitish Kumar-led government expanded the Mukhyamantri Mahila Rojgar Yojana shortly before the elections, adding an estimated 25 to 35 lakh new beneficiaries. It claims that ₹10,000 was transferred directly into the bank accounts of these women while the MCC was in force, amounting to a violation of constitutional and statutory provisions governing elections.
The party has sought directions under Article 324 of the Constitution, which vests superintendence of elections in the ECI, and under Section 123 of the Representation of the People Act, 1951, which defines corrupt electoral practices. Jan Suraaj has also cited alleged violations of Articles 14, 21, 112 and 202, contending that the use of public funds during the election period breached principles of equality, fairness and budgetary propriety.
In addition to the cash transfer issue, the petition has questioned the deployment of nearly 1.8 lakh “JEEVIKA didis” at polling booths during both phases of voting. It has argued that their presence compromised the neutrality of the polling process and sought a declaration that the election was illegal and unfair on this ground as well.
The challenge comes despite Jan Suraaj’s poor electoral performance in the November 2025 elections. The party failed to win a single seat in the 243-member Bihar Assembly. According to Election Commission data, Jan Suraaj secured roughly 2 per cent of the total votes polled. Of its 238 candidates, 233 forfeited their deposits, with none finishing second in any constituency except Marhaura, where the NDA candidate’s nomination was rejected.
By contrast, smaller parties such as AIMIM and the BSP managed to open their accounts, with AIMIM winning five of the 28 seats it contested and the BSP winning one seat out of 181 contested.
Legal experts note that the Supreme Court has traditionally exercised restraint in overturning completed elections, unless clear evidence of constitutional violations is established. The court is yet to list the matter for hearing.
