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Petitions filed in Patna High Court challenging election of several MLAs, court issues notice

February 20, 2026

File photo of Bihar Assembly Speaker Prem Kuma. | Photo credit: ANI

Several petitions have been filed in the Patna High Court challenging the election of more than 40 elected members of the State Assembly, including Speaker Prem Kumar, Energy and Finance Minister Bijendra Prasad Yadav and others. The court issued notice to the defendant lawmakers.

The petitions were filed by the losing candidates from their respective constituencies and the court issued notices to the elected representatives of both the ruling and opposition parties in the usual manner, but most of them belong to the ruling NDA alliance parties.

“Normally, no election petition is dismissed by the court outright. Notices are issued to the respondents and orders are passed by the court after examining the available materials,” said Siddharth Prasad, representing the Election Commission in the court. The petitions, reportedly over 40, were filed by candidates who lost elections in their respective constituencies, Mr. Prasad told the media.

Petitions challenging the election of newly elected MLAs including State Assembly Speaker and nine-year BJP MLA from Gaya Prem Kumar, senior cabinet minister Nitish Kumar, JD-U’s Bijendra Prasad Yadav, BJP’s former minister Jibesh Kumar Mishra, Chetan Anand (JD-U) and others. The petition against Prem Kumar was filed by Akhauri Onkar Nath who contested the Congress election and lost by 26,423 votes.

Similarly, the court issued a notice to JD-U leader and nine-year MLA from Supaul, Bijendra Prasad Yadav, who is also the minister of state for power and finance. Mr Yadav defeated Congress candidate Minnatullah Rahmani by more than 30,000 votes.

BJP candidate from Jale constituency in Darbhanga district and former minister in Nitish Kumar’s cabinet, Jibesh Mishra, also defeated Congress candidate Rishi Mishra by over 20,000 votes. But the ruling JD-U candidate from Nabinagar constituency in Aurangabad district, Chetan Anand, won the poll by just 112 votes, defeating Rashtriya Janata Dal opposition candidate Amod Kumar Singh.

Most of the election petitions were filed in the court citing alleged irregularities in the affidavits filed by the concerned winning candidates or for violating other provisions of the Representation of the People Act, EC counsel Siddharth Prasad said. Petitions were also challenged against RJD MLA from Goh Constituency, Aurangabad, Amarendra Kumar and others. The court directed the MLAs to respond within the stipulated time for further proceedings.

However, some Patna HC lawyers told The Hindu that “issuance of notice does not imply guilt, but yes, it does mean that the court has found sufficient reasons to seek an explanation from the respondents”. “Election petitions are a constitutional remedy available to candidates who want to challenge the results on the basis of irregularities such as procedural irregularities, false statements, corrupt practices, etc.,” said the court’s senior advocate Amit Prakash.

In the two-phase Bihar State Assembly Elections 2025, NDA comprising BJP, JD-U, Lok Janshakti Party (Ram Vilas), Hindustani Awam Morcha (Secular) and Rashtriya Lok Morcha won 202 seats out of the total 243-member state assembly, RJDhanision all hasrandgmahaies 25, Congress 6, Left parties three seats and rest are others.

Published – 20 Feb 2026 02:34 IST

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