Supreme Court Allows Ex-Chhattisgarh CM Bhupesh Baghel To Contest Maintainability Of Petition Challenging His Election
The Supreme Court today refused to entertain ex-Chhattisgarh Chief Minister Bhupesh Baghel's plea against an election petition filed by his nephew Vijay Baghel alleging violation of silence period norms during the state's 2023 Assembly elections.
A bench of Justices Surya Kant and Joymalya Bagchi dismissed the petition as withdrawn, while giving liberty to Bhupesh Baghel to approach the High Court-cum-Election Tribunal "to raise issue of maintainability as a preliminary issue".
"If such an application is filed, High Court is requested to decide after giving opportunity of being heard to the other side and before proceeding on merits. Observations made in impugned order shall have no bearing on application sought to be moved", the bench said.
Bhupesh Baghel's petition challenged Chhattisgarh High Court's dismissal of an application filed by him under Order 7 Rule 11 CPC for rejection of Vijay Baghel's election petition.
Senior Advocate Vivek Tankha, alongwith Advocate Sumeer Sodhi, appeared for Bhupesh Baghel and argued that breach of silence period norms does not amount to "corrupt practice" and therefore the election petition is not maintainable.
The bench, in response, suggested that the issue be raised before the High Court-cum-Election Tribunal.
To recap, Bhupesh Baghel (Indian National Congress) and Vijay Baghel (Bhartiya Janata Party) contested the Chhattisgarh Assembly Elections against each other in 2023. After counting of votes, Bhupesh Baghel was declared elected as MLA from Patan constituency.
After the election, Vijay Baghel filed an election petition before the Chhattisgarh High Court, alleging corrupt practices and violation of the 48-hour silence period mandated by Section 126 of the RP Act prior to the scheduled ending of polling. It was claimed that during the silence period, Bhupesh Baghel organized a rally/road show and slogans were raised in his favor. Statedly, the said rally/road show was videographed on a mobile phone and photographed by the election agent of Vijay Baghel.
Bhupesh Baghel contested the election petition, submitting that the same was vague and there was no triable cause of action. When the High Court dismissed his Order 7 Rule 11 application to reject the election petition, Bhupesh Baghel approached the Supreme Court.
Case Title: BHUPESH BAGHEL Versus VIJAY BAGHEL AND ORS., SLP(C) No. 17768/2025