Patna High Court
Anil KumarversusThe Election Commission of India
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as the petitioner has not made specific averments of violation and can obtain the information under the Right to Information Act.
Summary
Anil Kumar filed a writ petition seeking comprehensive records, an affidavit, and a high‑level inquiry into the Mukhyamantri Mahila Rojgar Yojna, alleging that its Direct Benefit Transfer disbursements continued during the Model Code of Conduct for the 2025 Bihar elections and amounted to electoral inducement. The respondents – the Election Commission of India, the Chief Electoral Officer, the State of Bihar and related departments – contended that the scheme was a legitimate welfare programme launched in September 2025 to empower women and that any grievance should be pursued through the appropriate administrative forum. The Court observed that the petitioner could obtain the requested information under the Right to Information Act and noted the absence of any specific allegation or evidence that the scheme violated the Model Code, nor any prior complaint to the Election Commission. Consequently, the Court held that the petition lacked maintainable grounds and could not be entertained as a public‑interest litigation. The writ petition was therefore dismissed.
Issues considered
- Whether the petitioner is entitled to the detailed records and affidavit sought through a writ petition.
- Whether the continuation of the Mukhyamantri Mahila Rojgar Yojna during the Model Code of Conduct violates election law.
- Whether the Court can direct an independent inquiry into alleged electoral impact of a welfare scheme.
- Whether the petitioner should approach the Right to Information Act instead of the Court for the information.
Legislation cited
Subjects
- Model Code of Conduct
- Direct Benefit Transfer
- Election Law
- Public Interest Litigation
- Right to Information
- Welfare Scheme
- Bihar
- Election Commission of India
Judgment
3IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1364 of 2026
======================================================
Anil Kumar S/o Late Karamchand Patel, R/o-Maheshpur, PO Salehpur, PS
Falka, District-Katihar, State-Bihar.
... ... Petitioner/s
Versus
1. The Election Commission of India Through the Chief Election
Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi-110001.
2. The Chief Electoral Officer, Bihar, Old Secretariat, Patna-800015, Bihar.
3. The State of Bihar Through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna-800015.
4. The Finance Department, Government of Bihar, Through the Principal
Secretary, Finance Department, Government of Bihar, Old Secretariat,
Patna-800015.
5. The Department implementing the scheme Mukhyamantri Mahila Rojgar
Yojna, Through its Principal Secretary, Government of Bihar, Patna-800015.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhigyan Kumar, Adv.
For the State : Mr. P. K. Shahi, AG
Mr. Vikas Kumar, AC to AG
For the ECI : Mr. Siddhartha Prasad, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 20-02-2026
The writ petition has been filed by Anil Kumar with
the following prayer(s):
“1(i) Issue an appropriate writ, order or direction
calling for the complete records relating to the
conception, approval, budgetary allocation,
advertisements, beneficiary selection criteria and
date-wise Direct Benefit Transfer (DBT) details of
the scheme titled "Mukhyamantri Mahila Rojgar
Yojna", particularly during the subsistence of the
Model Code of Conduct.
Patna High Court CWJC No.1364 of 2026 dt.20-02-2026
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(ii) Direct the Respondent-State of Bihar to file a
detailed affidavit disclosing;
a.total amount disbursed under the scheme,
b.number of beneficiaries,
c. date-wise instalments released,
d. authority permitting continuation of DBT during
election period, and
e. correspondence exchanged with the Election
Commission of India.
(iii) Constitute an Independent High-Level Inquiry
Committee, preferably headed by a retired Judge of
the Hon'ble Supreme Court of India or this Hon'ble
Court, assisted by financial, administrative and
election-law experts, to inquire into:
a. the legality,
b. intent,
c. timing, and
d. electoral impact of implementation of the said
scheme during the election period.
(iv) Direct that the aforesaid inquiry shall be
conducted under the supervision and monitoring of
this Hon'ble Court, with liberty to the Committee to
summon records, call officials, examine witnesses,
and submit periodical status reports before this
Hon'ble Court.
(v) Direct the Inquiry Committee to specifically
examine:
(a) whether continuation of the scheme violated the
Model Code of Conduct,
(b) whether the scheme amounted to inducement or
bribery of voters;
(c) whether public funds were misused for electoral
advantage;
(d) whether there was selective or discriminatory
non-enforcement of election norms by the Election
Commission of India.
Patna High Court CWJC No.1364 of 2026 dt.20-02-2026
3/4
(vi) Upon completion of the inquiry, direct
initiation of appropriate civil, criminal and
departmental proceedings against responsible
officials and authorities, if any illegality,
misconduct or abuse of power is found.
(vii) Issue a writ of mandamus directing the
Election Commission of India to frame and strictly
enforce uniform, binding and transparent
guidelines governing Direct Benefit Transfer and
welfare scheme disbursement during election
periods, applicable uniformly across all States and
Union Territories.”
2. The main allegation seems to be that while the
Model Code of Conduct during Bihar Legislative Assembly
Election, 2025 was in force, at that point of time, some money
was transferred in the accounts of the beneficiaries under
Mukhyamantri Mahila Rojgar Yojna, which according to the
petitioner should not have been done.
3. On the other hand, learned Advocate General,
submits that the Mukhyamantri Mahila Rojgar Yojna was
launched in September, 2025 itself aims to promote women’s
empowerment through self employment and livelihood
opportunities by providing financial assistance to one woman
from each family in the State. The assistance was for utilization
of the same in area of choice of beneficiaries, including
agriculture, animal husbandry, handicrafts tailoring, weaving
Patna High Court CWJC No.1364 of 2026 dt.20-02-2026
4/4
and other small scale enterprises. Moreover, if the petitioner had
any grievance, he should approach the concerned authority or
the forum.
4. Considering the submissions; so far the prayer of
the petitioner seeking information regarding the total amount
disbursed under this scheme, number of beneficiaries, date-wise
instalments released etc., it is open to the petitioner to approach
the appropriate authority under the Right to Information Act to
get such information. So far as violation of Model Code of
Conduct is concerned, there is nothing in the petition that the
petitioner has approached the Election Commission of India.
There is no specific instances have been given that while the
Model Code of Conduct was in force, there has been violation
and the money has been disbursed to the beneficiaries under the
Mukhyamantri Mahila Rojgar Yojna. Therefore, in absence of
specific averments taken in the writ petition, we do not feel it
proper to entertain this Public Interest Litigation.
Accordingly, the writ petition stands dismissed.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
Anjani/-
AFR/NAFR N/A
CAV DATE N/A
Uploading Date 23.02.2026
Transmission Date N/A
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