‘People reject, and you use judicial platforms for popularity’: SC refuses to hear Bihar poll plea by Prashant Kishor’s party

The plea challenged the cash transfer to women under the Mukhyamantri Mahila Rojgar Yojana while the Model Code of Conduct was in force, saying it was illegal and violative of Articles 14, 21, 112, 202 and 324 of the Constitution.

Singh contended whether it could have been done “in a fiscal deficit state, a state which is one of the most indebted states in the country, to pay Rs 15,600 crores in a immediate pre-election dole, with no budgetary support, no budgetary allocation etc”.

Justice Bagchi said, “There is a difference between a legal, constitutional question and the wisdom of the government in following a fiscal economic policy.” To this, Singh pointed out that it was not economic policy.

The CJI said, “We cannot issue notice like this. There has to be some prescribed format of entertaining a petition. It is nothing but a composite election petition pertaining to every election asking us to set aside every election.”

The CJI added that assuming the allegations are correct, it will have to be proved in an election petition that the scheme benefited a candidate and thus would amount to a corrupt practice.

“We are talking of the Model Code of Conduct being disturbed across the state by virtue of the level playing being absolutely torn asunder,” Singh submitted.

The CJI then asked why he had not approached the Patna High Court. “What is the logic of not going to the HC? It pertains to a state, and the HC is the most convenient platform, they can call for records, etc. This is not a pan-India issue…You should have moved the HC; we will have the benefit of the view of the HC too,” he said.

Singh pointed out that he had approached the Supreme Court as it had already issued notice in a similar matter, which challenges the implementation of direct cash transfer schemes, like the PM Kisan Samman Nidhi, before and during the election process.

The CJI said the Bihar scheme was different from the direct transfer schemes. Singh responded that it was not different. “No, it is given to 1.5 crore women with no prior scrutiny,” he said.

‘First Rs 10,000 without assessment’

The senior counsel said that the scheme was announced on August 29, 2025, saying Rs 10,000 each to all who are on the Jeevika scheme. The only qualification is you or husband should not be an income tax payer and you should not be holding a government job.”

Denying that the plea was filed for popularity, Singh said, “The issue is it’s announced that Rs 10,000 each today and another Rs 2 lakh to be given after assessment. So, the first Rs 10,000 is without assessment.”

The CJI said somebody should have challenged the scheme itself and added that it is looking into the issue of freebies offered by political parties before elections.

Singh said what was offered in Bihar “is also a dole in the sense that the scheme itself says Rs 10,000 will be paid to you immediately, to everybody who is in the Jeevika scheme. And they enrol another 25-35 lakh more after the Model Code of Conduct came into play. Rs 15,600 crores is the amount paid.”

The CJI said, “Issue of freebies before the election is being examined by us seriously. We would like to go into the logic of all those things in the appropriate cases…But not at the instance of a political party which has just lost everything, and then wants to take up this issue. We have to see the bona fide also…”.

“We will not examine at the instance of a political party which wants to settle political scores before us. We would like to examine the issue at the instance of some public-spirited person because if this political party gets power, they will do the same thing which they are now accusing the other of,” the CJI added.