Supreme Court Dismisses Bhupesh Baghel’s Plea Over Patan Election

New Delhi | Desk : The Supreme Court on Tuesday dismissed a fresh petition filed by former Chhattisgarh Chief Minister Bhupesh Baghel. He had challenged a High Court order declining to frame a preliminary issue in the election petition contesting his victory from the Patan seat in the 2023 Assembly elections.

On September 28, the top court had likewise refused to interfere with an earlier High Court order concerning the election petition filed by BJP leader Vijay Baghel against him.

A Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana expressed displeasure over what it saw as attempts to delay the trial, stressing that election petitions must be decided within a reasonable time.

Justice Mohana told Senior Advocates Kapil Sibal and Vivek Tankha, appearing for Baghel, “Let the trial proceed. You are delaying as much as possible. You will have a decision.”

Arguments before the Court

Sibal argued that the Chhattisgarh High Court erred in holding that no preliminary issue needed to be considered. He submitted that the High Court should either decide the question of limitation as a preliminary issue or not hold that no such issue exists.

The Bench declined to accept this. Justice Mohana observed that limitation is a mixed question of fact and law, and asked why the objection had not been raised earlier. “You could have pleaded this earlier,” he said, adding that no issue can be framed without a proper basis. The Chief Justice also asked why Baghel had not sought to amend his written statement to incorporate the objections.

Justice Bagchi remarked that election disputes must be disposed of in a time-bound manner. Permitting the plea, he said, could invite further applications and delay proceedings. “This is another aspect of delaying the trial. Once we allow this, then you will pray for amendment,” he observed.

Sibal offered an undertaking that Baghel would not file any application to amend the written statement, and urged the Court to record it. The Bench said it was refraining from imposing costs on the petitioner only out of regard for the senior counsel’s request.

“The petition is dismissed. We are upholding the High Court order,” the Chief Justice said.

Background of the Case

Vijay Baghel filed the election petition challenging Bhupesh Baghel’s victory from Patan in the 2023 Chhattisgarh Assembly elections, where Bhupesh Baghel polled 95,438 votes against Vijay Baghel’s 75,715. He alleges that the former Chief Minister violated the mandatory 48-hour silence period before polling, under Section 126 of the Representation of the People Act, 1951, by holding a procession in the constituency on November 16, 2023. He has sought to have the election declared void.

A key objection raised by Bhupesh Baghel concerns the 45-day limitation period under Section 81 of the Act. At the September 28 hearing, Sibal argued that the petition was filed beyond the limitation period and should have been dismissed at the outset. Citing Vijay Baghel’s affidavit, he noted that it was dated January 22, 2024, whereas the 45-day period following the declaration of results had expired on January 17, 2024. “When the affidavit has not been filed on time, how can the election petition proceed?” he had asked.

The Bench had then observed that the accuracy of the dates and their legal consequences would be determined on the basis of evidence, and had also questioned why the limitation objection was not raised earlier.