SC declines Prashant Kishor’s Jan Suraj Party’s plea to defer Bihar by-elections
The Jan Suraj Party of Prashant Kishor had argued that the bypolls in Bihar should be deferred due to the Chhath Puja celebrations, but the Supreme Court noted that the festival was already over
The Supreme Court on Monday dismissed a petition by former election strategist Prashant Kishor’s Jan Suraj Party that sought to postpone the upcoming by-elections in Bihar, scheduled for November 13.
The party had argued that the elections should be deferred due to the recent Chhath Puja celebrations, but the bench of justices Surya Kant and Ujjal Bhuyan noted that the festival was already over.
“Chhath Puja is over. We should not interfere,” the court observed.
Representing the Jan Suraj Party, senior advocate Abhishek Manu Singhvi argued: “My lords, the importance of Chhath cannot be denied. I acknowledge it is over. But elections have been deferred for other states.” He emphasised that similar adjustments were made for elections in states like Uttar Pradesh, Punjab and Kerala due to cultural and religious events, calling for the same consideration for Bihar’s major festival.
But the bench retorted: “There is a festive hangover,” to which Singhvi replied: “Festive hangover is the right word. Arbitrarily, others were postponed. Distinction made without difference. Lordships have to evaluate.”
The bench, however, remained unconvinced. “All arrangements are made. Everything is deployed. Not a matter for us (to interfere),” said the bench, adding that no other major parties have complained. “It is too late now to entertain this...Nothing on merits,” it added.
Senior advocate Neeraj Kishan Kaul, also representing the party, contended that campaigning had been hindered due to the recent Chhath Puja festivities, a significant cultural event in Bihar.
Singhvi also requested the court to direct the Election Commission (EC) to at least hear the party’s representation. “Let EC hear me today. Two representations are pending,” he said.
But the bench declined to entertain the plea.
Jan Suraj Party’s plea, filed through the law firm Karanjawala & Co, along with advocate Ruby Singh Ahuja, contended the EC had disregarded their repeated requests to defer the elections, impacting campaign schedules and potentially affecting voter turnout.
The party argued that not adjusting the election date for Chhath Puja showed inconsistency and undermined Article 14 of the Constitution, which ensures the right to equality.
The by-elections will be held across four assembly seats—Tarari, Ramgarh, Belaganj, and Imamganj. A total of 38 candidates are vying for the four seats. According to the EC, as of October 25, 50 candidates, including nine women, had filed their nominations. Of these, six were rejected during scrutiny, and six withdrew from the race. In Belaganj, the seat with the highest competition, 14 candidates are contending for the position, including RJD’s Vishwanath Kumar Singh, the son of Surendra Prasad Yadav, whose Lok Sabha election from Jehanabad necessitated the by-election.