The Supreme Court, on Monday, opted not to intervene in the matter concerning former Chhattisgarh Chief Minister Bhupesh Baghel and an election petition lodged by BJP leader Vijay Baghel. This petition pertains to Baghel’s victory in the 2023 elections for the Patan assembly constituency. A bench composed of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana decided that there were no grounds for intervention at this stage of the proceedings.

Arguments Presented Before The Court

During the hearing, senior advocates Kapil Sibal and Vivek Tankha, representing Bhupesh Baghel, argued that the election petition submitted by Vijay Baghel should be dismissed due to the mandatory 45-day limitation period specified in Section 81 of the Representation of the People Act, 1951. Sibal pointed out that the affidavit filed by Vijay Baghel was dated January 22, 2024, which was beyond the deadline of January 17, 2024, following the declaration of the election results.

He asserted that this discrepancy undermines the validity of the election petition. In response to the bench’s inquiry regarding why the limitation issue was not previously raised, Sibal acknowledged that the plea was being raised at this stage, but insisted that the failure to file the affidavit on time was significant. He emphasised that the affidavit in question was part of the court’s record.

It reinforces his argument that the petition should have been dismissed from the outset due to the lateness of the affidavit. The bench, while acknowledging that the affidavit was included in the court’s files, noted the legal implications surrounding the established deadlines. The arguments primarily centred on the legitimacy of the election petition, hinging on whether the procedural errors observed were sufficient to warrant dismissal.

Ongoing Judicial Proceedings

The legal dispute emerged from Vijay Baghel’s allegations against Bhupesh Baghel regarding his conduct during the electoral silence period prior to polling, which he claims constitutes a violation of electoral laws. The BJP leader is seeking the annulment of Baghel’s election on these grounds. This litigation has traversed through various judicial proceedings, having been considered earlier by both the Chhattisgarh High Court and the Supreme Court.

Previously, the Chhattisgarh High Court dismissed a request to reject the election petition under Order VII Rule 11 of the Code of Civil Procedure. In July 2025, the Supreme Court permitted Bhupesh Baghel to withdraw an earlier challenge, allowing him to present his objections in the high court-cum-election tribunal regarding the maintainability of the election petition. The process took further turns in June 2026 when the High Court again declined to dismiss the petition at the initial stage, indicating that the issues raised mandated additional analysis during trial.

The latest session at the Supreme Court focused on whether the alleged delays and procedural missteps in filing the election petition could justify its dismissal at the outset. Alternatively, it explored whether these matters should be addressed by the election tribunal once the complete evidence and records are examined. As it stands, the petition remains pending before the Chhattisgarh High Court, where further proceedings and evidence gathering will continue.

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