What law says if Mahagathbandhan skips Bihar Assembly polls
magga

What law says if Mahagathbandhan skips Bihar Assembly polls

What happens if Mahagathbandhan boycotts Bihar polls? Legal and political impact explained

A major political storm is brewing in Bihar ahead of the 2025 Assembly elections. The issue began with the Election Commission’s ongoing Special Intensive Revision (SIR) of the voter list. According to the EC, nearly 56 lakh voters could not be traced, and their names may be removed from the rolls. This revelation led to angry reactions from Opposition leaders. RJD leader Tejashwi Yadav and Congress leader Rahul Gandhi accused the government of trying to manipulate the voter list and suppress Opposition voices. They called this act “voter theft”.

Tejashwi even went a step further. He questioned the point of contesting elections under such conditions and hinted that the Mahagathbandhan alliance might boycott the polls entirely. This has raised a serious and unusual question: What will happen if a major Opposition alliance refuses to contest the election?

Can elections still be held without Opposition? What does the Constitution say? These are the questions now being asked not only in political circles but also by voters across Bihar.

What the Constitution and courts say

The Indian Constitution clearly answers this. Article 324 gives full powers to the Election Commission of India (ECI) to conduct, control, and supervise elections. This means that no political boycott can stop the election process. The EC is duty-bound to ensure that elections are held on time, fairly, and smoothly. It doesn’t matter how many or how few parties participate. Even if just one party contests, elections must go ahead.

So, if the Mahagathbandhan boycotts the elections, the ruling party or other smaller parties can still contest. In cases where there is no competition, candidates from the ruling party could be declared elected unopposed. There is no rule in the Constitution that allows elections to be cancelled just because major parties choose to stay out.

Can the Supreme Court step in and stop the election process if there is no Opposition? This is very unlikely. In the past, courts have supported the EC’s responsibility to conduct timely elections. For example, during the 1989 Mizoram elections, a similar demand was made. The Supreme Court ruled that the boycott was not a valid reason to stop the elections.

Another case often discussed is Jaya Bachchan vs Union of India, where the Court focused on transparency and fair representation. However, the judgement did not recommend halting elections in any situation. Courts may express concern but are unlikely to interfere unless there are extreme conditions such as large-scale violence or a natural disaster.

Has it ever happened before?

India has never seen a situation where all major Opposition parties decided to boycott an election. While there have been smaller-scale boycotts and candidate withdrawals in the past, a complete walkout by an entire Opposition alliance like the Mahagathbandhan would be unprecedented.

If this happens in Bihar, it would be a first in Indian electoral history. However, this alone won’t change the legal process. The EC will still go ahead with the elections and declare winners, even if they win uncontested.

What such a boycott could do is affect public trust and political engagement. Elections without real competition may raise doubts about the democratic process. Voters may feel their choices are being limited. It might also weaken the moral legitimacy of the government that wins such an election.

ALSO READ: HIV-positive Indians rewrite their story — from survival to celebration

ALSO READ: The ultimate guide to help you stay consistent with workouts this monsoon season

However, from a legal standpoint, the EC has a clear role. Its job is to ensure elections are held on time and fairly. Whether political parties choose to contest or not is their decision, but the election itself cannot be stopped because of a boycott.

The idea of a total boycott by the Mahagathbandhan raises big political concerns but no legal barriers. The law is very clear—elections must be held as per schedule. The EC has the full authority to do so, and courts are unlikely to interfere. While the Opposition’s absence may impact the spirit of democratic competition, it cannot block the process set by the Constitution.


Comment As:

Comment (0)