Patna High Court all set to hear election petition against Nitish Mishra, the Jhanjharpur MLA on August 5, will there be bye-election in Jhanjharpur?

In Ram Narayan Yadav vs. Nitish Mishra & Ors! (2026), Patna High Court has admitted the election petition. The notice has been issued to him and others. The case is listed for hearing on August 5, 2026. 

Advocate Dr. Gopal Krishna has filed an Election Petition on behalf of Ram Narayan Yadav, one of the candidates of the Communist Party of India (CPI). The result of the 2025 Bihar Assembly election was announced on November 14, 2025.

Under Sections 80, 80A and 81 of the Representation of the People Act, 1951 there is a provision to challenge the validity of any election, if there is any violation of specified rules through election petition. The High Court has accepted the petition. Nitish Mishra from BJP has failed to disclose in his election affidavit that there is a FIR pending against him. 

Nitish Mishra, the respondent and the elected MLA was required to disclose information about all the pending criminal cases, at whatever stages they are pending before any court. It is not that only such cases will be disclosed wherein cognizance has been taken or charges have been framed. Any violation of the 1961 Rules by non-disclosure which is otherwise warranted under Clause (5) of Form 26, would entail rejection of the nomination by the Returning Officer but the Returning Officer, Jhanjharpur failed to do so despite representation to him and his senior officers in the Election Commission of India from Ram Narayan Yadav, the candidate from CPI. Supreme Court of India has settled the law in this regard in Meenakshi Natarajan vs. Election Commission of India [W.P.(C) No. 766/2026] 

Yadav who has challenged the election of Nitish Mishra is one of the nine candidates fielded by CPI in Bihar Assembly Election 2025.

One of the 228 candidates from Jan Suraj Party (JSP), Keshavhandra Bhandari is one of the respondents besides Mishra and several others.

The filing of this election petition has created uncertainty for the Jhanjharpur MLA. Now it is for the Court to decide Mishra's fate. 

If Nitish Mishra's election is set aside, will there be a bye-election in Jhanjharpur? 

Also read:Ram Narayan Yadav challenges election of Nitish Mishra, the MLA from Jhanjharpur, Madhubani