SC refuses to interfere in plea challenging Bhupesh Baghel's 2023 poll win

The Supreme Court declined to halt BJP leader Vijay Baghel's petition challenging former Chhattisgarh CM Bhupesh Baghel's Patan election win from Patan in 2023. The court said limitation and filing defects can be tested on evidence before the election tribunal.The dispute relates to BJP leader Vijay Baghel's election petition challenging Bhupesh Baghel's (in pic) win from Patan in the 2023 Chhattisgarh Assembly polls. (Photo: PTI)New Delhi,Sep 28, 2026 15:05 ISTThe Supreme Court on Monday declined to interfere with former Chhattisgarh Chief Minister Bhupesh Baghel's challenge to an election petition filed by BJP leader Vijay Baghel against his 2023 election from the Patan assembly constituency.A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana said it saw no ground to interfere at this stage, while indicating that the Chhattisgarh High Court could examine the issue of limitation in accordance with law.The court said the correctness and legal effect of the dates relied on by Bhupesh Baghel would have to be established on the basis of evidence.Senior advocates Kapil Sibal and Vivek Tankha, appearing for Bhupesh Baghel, told the bench that the election petition was barred by the mandatory 45-day limitation under Section 81 of the Representation of the People Act, 1951. Sibal said the plea against the election should have been rejected at the threshold. He relied in particular on the date of the affidavit filed by Vijay Baghel, pointing out that it bears the date January 22, 2024, while the 45-day period from the declaration of the result expired on January 17, 2024."How will the election petition proceed when the affidavit is not filed in time? The affidavit has to be filed on time," Sibal said, referring the bench to the relevant portion of the record. When he argued that the objection on limitation went to the root of the matter and could be raised under the Code of Civil Procedure at any stage, the bench asked, "Why was this plea not taken earlier?"Sibal said the plea was being raised now, but maintained that the affidavit itself was on record. "I plead guilty to that, but let my guilt be held against me when the law is so clear. Kindly see the affidavit date. It is his affidavit. The date underneath is January 22 and the last date was January 17," he said.The bench noted that the affidavit was nevertheless part of the record. The dispute relates to Vijay Baghel's election petition challenging Bhupesh Baghel's win from Patan in the 2023 Chhattisgarh Assembly polls.Vijay Baghel has alleged that Bhupesh Baghel violated the 48-hour silence period before polling by taking out a procession in the constituency and has sought annulment of the election.The litigation has already gone through several rounds before the Chhattisgarh High Court and the Supreme Court. The High Court had earlier rejected an application seeking dismissal of the election petition under Order VII Rule 11 of the CPC.In July 2025, the top court allowed Bhupesh Baghel to withdraw an earlier challenge and approach the high court-cum-election tribunal with his objections on maintainability.In June 2026, the Chhattisgarh High Court again refused to end the election petition at the preliminary stage, holding that several objections raised by Vijay Baghel involved questions that required consideration during trial.The latest proceedings before the Supreme Court centred on whether the alleged delay and defects in the filing of the election petition justified its rejection at the threshold or whether the issue should be decided by the election tribunal after examining the record and evidence. The election petition remains pending before the Chhattisgarh High Court, where evidence is to be recorded.- Ends