Patna High Court's election petition bench of Justice Ashok Kumar Pandey will hear the issue of maintainability of election petition against Nitish Mishra, the Bihar minister of urban development, housing, information technology on September 23
Nitish Mishra’s election from Jhanjahrapur, Madubani is under threat because of the non-disclosure of FIR against him by Mala Jha in his election affidavit. The FIR was registered in compliance with the High Court's order.
In Ram Narayan Yadav vs. Nitish Mishra & Ors.(2026), Advocate Dr. Gopal Krishna is representing Ram Narayan Yadav, the candidate of the Communist Party of India (CPI) in the 2025 Bihar Assembly election. The election result was declared on November 14, 2025.
The High Court has accepted and admitted the election petition.
The criminal case bearing Andhratharhi P.S. Case No. 70 of 2025 dated May 13, 2025 has not been disclosed in the election affidavit filed by Nitish Mishra. The FIR was registered on a complaint by Mala Jha for the offences punishable under Sections 189(2), 324, 329 and 351 of the Bhartiya Nyaya Sanhita (BNS), 2023. It has not been disclosed in Clause 5(ii) of Form-26 under the Representation of People Act.
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.
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