Bihar Election Result 2025: The NDA has won a landslide victory in the Bihar Assembly elections. Let's explore whether the Election Commission can revoke an MLA's membership even after winning the election.

Bihar Election Result 2025

Bihar Election Result 2025: The Bihar Assembly election results have resulted in a landslide victory for the NDA, and a major setback for the Grand Alliance. Out of a total of 243 seats, the BJP won 89, the JDU 85, the LJP 19, and the RLD 4. Meanwhile, the RJD secured only 25, the Congress 6, the CPI(ML)(L) 2, and the CPM and IIP each secured one seat. Meanwhile, let's explore whether the Election Commission can revoke an MLA's membership even after their victory.

Powers of the Election Commission

The Election Commission operates under Article 324 of the Constitution. This article empowers the Election Commission to supervise, direct, and control elections. These powers apply both on polling day and after the results are declared. In the event of procedural or legal violations, the Election Commission has the power to intervene directly or by recommending action to the Governor.

Membership can be cancelled for violation of election expenditure rules.

Under Section 10A of the Representation of the People Act, 1951, every candidate must submit complete, accurate, and timely details of their election expenses. If any MLA fails to do so, the Election Commission can disqualify them for up to three years, even after taking the oath.

Some other grounds of disqualification

If any court or the Election Commission finds evidence of corrupt practices such as bribery, intimidation, illegal campaigning, paid news, or misuse of government machinery, an elected MLA can be disqualified. Such cases often begin with an election petition, and the Election Commission's recommendation plays a crucial role. If any allegations are proven, the MLA's membership is revoked, regardless of the electoral margin.

Meanwhile, Section 8 of the Representation of the People Act, 1951, is one of its most stringent provisions. According to this, if any MLA is convicted and sentenced to at least two years' imprisonment, he or she automatically becomes disqualified from the date of conviction. This does not require the intervention of the Election Commission; rather, the law itself enforces the disqualification.

Constitutional grounds remaining after the election

Under Article 191 of the Constitution, there are other circumstances under which an MLA can be disqualified. These include losing Indian citizenship, being mentally unsound, becoming bankrupt, or holding an office of profit. If any of these conditions arise after the election results are declared, an MLA can also lose his or her membership.