Approach election tribunal: Supreme Court to Bhupesh Baghel in plea to reject election petition

The Supreme Court on Friday upheld the Chhattisgarh High Court's refusal to reject at the threshold an election petition filed against former Chhattisgarh Chief Minister Bhupesh Baghel [Bhupesh Baghel v. Vijay Baghel].

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana heard the matter.

The election petition arises out of the 2023 Chhattisgarh Assembly polls, where Bhupesh Baghel, the then Chief Minister, was declared elected from Patan constituency with 95,438 votes, defeating Vijay Baghel, who polled 75,715 votes.

Vijay Baghel's election petition alleges that Bhupesh Baghel organised a rally or road show on November 16, 2023, during the 48-hour "silence period" under Section 126 of the Representation of the People Act, 1951, which commenced at 5 PM on November 15, 2023, ahead of polling.

Bhupesh Baghel challenged an interim order of the Chhattisgarh High Court dated June 15, 2026, which had rejected his application seeking dismissal of the election petition at the threshold.

Senior Advocate Kapil Sibal, appearing for Bhupesh Baghel, argued that the allegation against him pertained to Section 126 of the Act, which creates an electoral offence and not Section 123(7), which deals with corrupt practice.

"On 15 November, the election campaign stopped. On 17 November, I was not allowed to attend any meeting. The allegation is that on 16 November, I attended a meeting. It was a religious function," Sibal said.

Justice Bagchi observed that Baghel would have to show that the result of the election was not materially affected. Sibal responded that the question did not arise, since the gathering was of only about 200 people, while he had won by a margin of 20,000 votes.

"I do not say so. That is the respondent's own case," Sibal clarified, after the Court noted his submission that the gathering was too small.

Justice Mohana pointed out that there was no prayer in the petition seeking to declare the petitioner elected.

Sibal took the Court through Section 100(1)(d)(iv) of the Act, accepting that even a violation of the Act or Rules would have to be shown to have materially affected the election result.

Baghel's plea before the Supreme Court had earlier taken a circuitous route. He had first assailed a High Court order dated May 8, 2025, rejecting his application under Order VII Rule 11 of the CPC for dismissal of the election petition.

That plea was withdrawn on July 22, 2025, before a Bench of Justices Surya Kant and Joymalya Bagchi, with liberty to move an application before the High Court to raise maintainability as a preliminary issue.

The High Court framed the preliminary issue on October 14, 2025, but again ruled against Baghel on June 15, 2026, prompting the present special leave petition.

The Court disposed of the plea, granting Baghel liberty to raise all contentions and points before the election tribunal.

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