NEW DELHI — In a notable legal development, the Supreme Court of India on Friday declined to interfere with a Chhattisgarh High Court directive that had refused to dismiss at the threshold an election petition challenging former Chief Minister Bhupesh Baghel’s 2023 assembly election victory from the Patan constituency.
According to a report published by Alter News a bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana disposed of the plea filed by Baghel. The former Chief Minister had approached the apex court challenging the High Court’s June 15 interim order, which had rejected his application seeking the dismissal of the election petition for lack of cause of action and non-compliance with statutory formalities.
While disposing of the appeal, the apex court clarified that Baghel maintains an arguable defense. The bench emphasized that the dismissal of his threshold challenge would not prejudice his right to present all available points, arguments, and contentions before the High Court's designated election tribunal as the trial proceeds.
Representing the senior Congress leader, Senior Advocate Kapil Sibal, assisted by advocate Sumeer Sodhi, argued before the bench that the election challenge was unsustainable under law. Addressing the specific allegations, Sibal pointed out that while official campaign activities had concluded on November 15 ahead of polling, the petitioner had alleged Baghel attended a religious gathering on November 16, claiming it breached Section 126 of the Representation of the People (RP) Act, 1951.
Sibal submitted that even if the facts alleged by the petitioner were taken at face value, an alleged infraction of Section 126 constitutes an electoral offense rather than a "corrupt practice" defined under Section 123(7) of the Act, which is required to invalidate an election. The election petition against Baghel had asserted that he conducted a roadshow and rally during the mandated "silence period," breaching both the RP Act and the Model Code of Conduct.
With the Supreme Court's order, the election petition will now proceed to trial before the Chhattisgarh High Court's election tribunal, where Baghel will have the opportunity to contest the allegations on merits.
