SC Refuses to Interfere With Election Challenge to Bhupesh Baghel’s Patan Win

Supreme Court Declines to Interfere

The Supreme Court on Monday declined to interfere with proceedings arising from an election petition challenging Bhupesh Baghel's election from the Patan Assembly constituency in the 2023 Chhattisgarh polls.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana heard Baghel's challenge to the election petition filed by BJP leader Vijay Baghel.

What Is the Election Dispute?

Vijay Baghel has challenged Bhupesh Baghel's election from Patan, alleging that Baghel violated the 48-hour silence period before polling by taking out a procession in the constituency.

The BJP leader has sought annulment of Bhupesh Baghel's election through the election petition. The allegations are part of the pending litigation and have not been established as findings by the court.

Bhupesh Baghel's Limitation Argument

Senior advocates Kapil Sibal and Vivek Tankha, appearing for Bhupesh Baghel, argued that the election petition should have been rejected at the threshold because it allegedly did not comply with the mandatory 45-day limitation period under Section 81 of the Representation of the People Act, 1951.

Sibal referred to the date on an affidavit filed by Vijay Baghel. He pointed out that the affidavit carried the date January 22, 2024, while the 45-day period from the declaration of the election result had expired on January 17, 2024.

Supreme Court Questions Timing of Objection

During the hearing, the Supreme Court observed that the correctness and legal effect of the relevant dates would need to be established on the basis of evidence.

The bench also questioned why the limitation objection had not been raised earlier. The court noted that the affidavit referred to by Baghel's lawyers was nevertheless part of the record.

High Court Can Examine Limitation Issue

The Supreme Court said it saw no ground to interfere with the proceedings at the present stage.

At the same time, the bench indicated that the Chhattisgarh High Court could examine the limitation issue in accordance with law. This leaves the question of whether the election petition was filed within the prescribed period open for consideration before the election tribunal.

Election Petition Remains Pending

The election petition remains pending before the Chhattisgarh High Court, where evidence is expected to be recorded.

The High Court had earlier rejected an application seeking dismissal of the election petition under Order VII Rule 11 of the Code of Civil Procedure. In June 2026, it again declined to terminate the case at the preliminary stage, holding that several issues raised in the dispute required consideration during the trial.

Earlier Supreme Court Proceedings

The dispute has already reached the Supreme Court on earlier occasions.

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 concerning the maintainability of the election petition. The latest proceedings continued that legal dispute over whether the election challenge can proceed.

What Happens Next?

The immediate legal issue concerning limitation can now be considered by the Chhattisgarh High Court in accordance with the evidence and applicable law.

The Supreme Court's latest order does not decide the merits of Vijay Baghel's allegations against Bhupesh Baghel's election. The underlying election petition continues before the High Court.

Key Takeaways

• The Supreme Court declined to interfere with the election petition challenging Bhupesh Baghel's Patan victory at the present stage.

• The case concerns the 2023 Chhattisgarh Assembly election from Patan.

• BJP leader Vijay Baghel has challenged Bhupesh Baghel's election.

• Vijay Baghel has alleged a violation of the 48-hour pre-poll silence period.

• Bhupesh Baghel's lawyers argued that the election petition was filed beyond the 45-day limitation period under Section 81 of the Representation of the People Act.

• The Supreme Court said the relevant limitation issue could be examined by the Chhattisgarh High Court based on evidence.

• The election petition remains pending before the High Court.

• The Supreme Court's latest decision does not determine the merits of the allegations challenging Bhupesh Baghel's election.