Former Chhattisgarh Chief Minister Bhupesh Baghel will face trial in an election petition challenging his 2023 victory from the Patan assembly constituency after the Supreme Court declined to dismiss the case at the preliminary stage.
A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana disposed of Baghel’s petition against a June 15 interim order of the Chhattisgarh High Court. The top court ruled that Baghel retains the right to present all statutory and legal arguments before the election tribunal during trial, noting that he possesses an arguable defense.
Legal Arguments and Maintainability
Baghel had approached the High Court seeking the threshold rejection of the election petition, citing a lack of cause of action and failure to adhere to statutory filing requirements. Following the dismissal of that plea, his legal counsel appealed to the apex court, maintaining that the petition was legally unsustainable.
Senior advocate Kapil Sibal, appearing for Baghel alongside lawyer Sumeer Sodhi, contended before the bench that the allegations outlined in the petition do not meet the threshold required to invalidate an election outcome.
Allegations of Silence Period Violations
The election challenge stems from events following the conclusion of official campaigning on November 15 during the 2023 assembly polls. The petition alleges that Baghel violated the Model Code of Conduct and Section 126 of the Representation of the People Act by holding a rally or roadshow and participating in a religious function on November 16.
Addressing the claims, Baghel’s defense argued that even if the facts were accepted as stated, a breach of Section 126 constitutes an electoral offense rather than a corrupt practice as defined under Section 123(7) of the Representation of the People Act. The apex court affirmed that Baghel remains free to raise these defenses during the formal proceedings before the tribunal.
